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January 17, 2019

Three UoN students in riot case readmitted, expulsion quashed

The High Court in Nairobi yesterday quashed the expulsion of three University of Nairobi students in connection with rioting.

Justice George Odunga said he found the UoN committee that purportedly took the decision was not properly constituted.

“In this circumstances, it is my view the decision is null and void. There was nothing to be appealed against,” Odunga said.

Lazarus Kunani, Magawi Maxwell and Chore Ouko had contested the decision by disciplinary committee, and by extension, the school senate’s decision to expel them, terming it unconstitutional.

They filed the suit on May 18, 2016, seeking orders prohibiting the institution from subjecting them to disciplinary measures or denying them access to the university.

“I’m seeking orders compelling the university, its agents and or employees to facilitate access to the University of Nairobi to continue with my education,” Kunani said in court papers.

The students wanted the university compelled to recall the expulsion letters dated April 21, 2016, and reinstatement.

Odhiambo is a second-year bachelor of Law student, Kunani is a fourth- year bachelor of Engineering student and Ouko is in his third year studying for a bachelor’s in Environment and Bio Systems Engineering.

 They contended the letters attached by the Vice Chancellor led to arbitrary expulsion on the recommendation of the Disciplinary Committee and approved by the School Senate. 

According to the students, the disciplinary Committee did give them a four-day notice to appear and plead their case. 

The court was told Ouko was given a suspension letter before being given a chance to be heard.

The students added that despite the gravity of the charges, the university never reported the matter to the police. They said they had been expelled unlawfully.

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