A Kenyatta University student has moved to court seeking to quash his suspension from the college for participating in KUSA elections.
David Kebaso, in his application, wants the November 1 decision by the registrar of academics overturned.
He wants the court to grant him leave to apply for Judicial Review and such leave to operate as stay of the decision to suspend him.
Kebaso also wants stay orders for the decision to bar him from contesting in the upcoming Kenyatta University Students Association (KUSA) elections.
The student, who was vying as KUSA chairperson, was banned from accessing the university premises during the suspension period.
This is pending his appearance before the Student Disciplinary Committee (SDC).
He was suspended after posting an 'inappropriate' message on social media.
Kebaso argues that the Kenyatta University social media policy part 3.2 (a) which is quoted in his suspension notice does not exist.
He says that the college suspended him without due procedure pending hearing contrary to the general rules and regulations governing student conduct.
He said the regulations posit that one should appear before the disciplinary committee for an opportunity to be heard before any action is taken.
The applicant argues that the registrar acted in excess of his powers by arrogating to himself the powers of the SDC.
"He individually and singularly suspend me without the process or any instructions from the SDC."
"This warrants the intervention of the court pursuant to section 7 (2) (a) of Fair Administration Act," he argues in his suit papers.
Through lawyer Morara Omoke, the student states that the allegations are out of malice and in bad faith.
He said the are aimed at temporarily blocking him from contesting for the position of KUSA chairperson.
He further claims that the letter of suspension does not disclose any intended date of hearing or timeline within which the disciplinary committee will listen to his case.
The student has a pending petition in court against the respondents to be heard on December 4.
KUSA Electoral Commission has already disqualified the applicant solely on the basis of Article 32 (a) of the KUSA constitution.
This states that a candidate shall be disqualified if he has ever been suspended from the university and the suspension was note revoked.
Kebaso says that if the intervention of the court is not sought, he shall suffer irreparable damage to his academic status and candidature in the election.
Kenyatta University (KU), Administrative and academic head of the university, Registrar Academics and KUSA Electoral Commission have been named as respondents.