Republic v University of Nairobi Ex-Parte Lazarus Wakoli Kunani & 2 others [2017] KEHC 9635 (KLR)
- Court
- High Court of Kenya
- Case number
- 9635
- Citation
- [2017] KEHC 9635 (KLR)
- Decided
- 30 November 2017
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Institute Judicial Review ProceedingsCoramG V ODUNGA
Holding
The Court found that the Respondent did not comply with the disciplinary procedures and that the expulsion decision was procedurally unfair.
Facts
The applicants were admitted and registered students of the University of Nairobi. They were expelled by the Senate of the University on April 21, 2016, for disciplinary reasons.
Issues
- Whether the Respondent complied with the disciplinary procedures in the process of arriving at its determination.
- Whether the expulsion decision was procedurally fair and in accordance with the Constitution and University regulations.
Reasoning
The Court applied the principles of judicial review, finding that the decision was tainted with procedural impropriety and irrationality.
Outcome
The Court granted the applicants' request for judicial review, quashing the decision of the Senate and ordering the suspension and/or expulsion of the applicants to be suspended.
Orders
- To remove into this Honourable Court and quash the decision of the Disciplinary Committee and by extension to The Senate bodies of the Respondent to suspend and or expel the Applicants herewith.
- To remove into this Honorable Court and prohibit the Respondent, their agents and or employees from further subjecting the Applicants to any illegal, unlawful disciplinary measure, harassing and or denying them access to the University of Nairobi.
- To remove into this Honourable Court and compel the Respondents, their agents and or employees to facilitate the Applicants access to the University of Nairobi and continue with their education.
- To recall the Expulsion letters dated 21st April, 2016 and reinstate the Applicants as students of the University of Nairobi.
Remedies
- To quash the decision of the Disciplinary Committee and by extension to The Senate bodies of the Respondent to suspend and or expel the Applicants herewith.
- To prohibit the Respondent, their agents and or employees from further subjecting the Applicants to any illegal, unlawful disciplinary measure, harassing and or denying them access to the University of Nairobi.
- To compel the Respondents, their agents and or employees to facilitate the Applicants access to the University of Nairobi and continue with their education.
- To recall the Expulsion letters dated 21st April, 2016 and reinstate the Applicants as students of the University of Nairobi.
Authorities cited
Cases cited (3)
- Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
- An Application by Bukoba Gymkhana Club [1963] EA 478
- Republic vs. Institute of Certified Public Accountants of Kenya Ex Parte Vipichandra Bhatt T/A J V Bhatt & Company Nairobi HCMA No. 285 of 2006
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