[2017] KEHC 931 (KLR)

[2017] KEHC 931 (KLR)

The court found that the University of Nairobi failed to follow its own disciplinary procedures and rules in suspending the applicant. The Halls Disciplinary Committee, which had original jurisdiction over offences committed in the halls of residence, was bypassed entirely. The College and Senate Disciplinary...

Source-derived case information.

Citation
[2017] KEHC 931 (KLR)
Parties
Applicant: Republic (Ex parte Bargorett Victor Kiprop); Respondent: University of Nairobi
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Judicial Review 454 of 2016
Procedural Posture
Judicial Review / Judgment
Outcome
Application allowed. Judicial review orders of certiorari and mandamus granted. Suspension and expulsion decisions quashed. Applicant to be reinstated. Each party to bear own costs.
Judges
RE Aburili
Legal Topics
Judicial Review Procedure, University Disciplinary Processes, Fair Administrative Action, Right to Education, Natural Justice, Procedural Impropriety
Source Language
en
Administrative Law Civil Procedure Constitutional Law Judicial Review Procedure University Disciplinary Processes Fair Administrative Action Right to Education Natural Justice +1 more

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Summary, issues, holding and outcome

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Parties

Republic (Ex parte Bargorett Victor Kiprop)

Applicant

University of Nairobi

Respondent

Procedural Posture

Judicial Review / Judgment

Legal Issues

  1. 1 Whether the University of Nairobi followed due process and its own disciplinary procedures in suspending the applicant.
  2. 2 Whether the disciplinary committees were properly constituted as required by the university's rules and regulations.
  3. 3 Whether the applicant was accorded a fair hearing, including adequate notice of charges and opportunity to defend himself.

Ratio Decidendi

The court found that the University of Nairobi failed to follow its own disciplinary procedures and rules in suspending the applicant. The Halls Disciplinary Committee, which had original jurisdiction over offences committed in the halls of residence, was bypassed entirely. The College and Senate Disciplinary Committees that heard the matter were improperly constituted, lacking mandatory student and warden representation as required by the university's regulations. Furthermore, the applicant was served with a charge sheet containing four counts but was confronted with two additional charges at the hearing without prior notice, constituting trial by ambush and violating the right to fair...

Court Disposition

Application allowed. Judicial review orders of certiorari and mandamus granted. Suspension and expulsion decisions quashed. Applicant to be reinstated. Each party to bear own costs.

Orders

  • Certiorari issued to quash the decisions of the University of Nairobi suspending the applicant for two years and expelling him from the Halls of Residence.
  • Mandamus issued compelling the University of Nairobi to forthwith and unconditionally lift and cancel the applicant's suspension and readmit him to the university, and to nullify and lift his expulsion from the Halls of Residence, subject to fulfillment of accommodation conditions.