PETITION NO. 381 OF 2018
WAWERU EDWIN THINI –VS- THE UNIVERSITY OF NAIROBI
The University of Nairobi on 4th day of June, 2020 won a case filed against it by a former student Waweru Edwin Thini who was expelled on September 22, 2016 from the University for Examination Malpractice in HNS 302: Medical Surgical Nursing II.
The Petitioner’s case was that his discontinuation from the University pursuant to examination irregularity constitutes a flagrant abuse of his right to fair hearing; and administrative action.
He had sought an order for declaration that the proceedings carried out by the University’s College Disciplinary Committee were, unfair, unprocedural and unconstitutional thus illegal and null and void, declaration that the suspension letter dated 27th July 2016 and subsequent expulsion letter dated 22nd September 2016 be null and void, compel University of Nairobi to reinstate him back to his studies in the school of nursing in the fourth year of study and further to administer all the examinations that he had missed out during the period of his suspension and discontinuation form his studies. The University in its defense affirmed that Waweru Edwin Thini had indeed engaged in exam malpractices and had been afforded fair hearing during disciplinary hearings.
Hon. J. A Makau observed that “It would breed chaos and absurdity at educational institutions to expect that an external body would step in and take command of the institutional disciplinary matters with regard to students. No doubt that unpunished instances of examination irregularity at the University would produce incompetent personnel, erode the integrity as its examinations and quality of its graduates to its great prejudice. It is therefore in the public interest that the quality of the University’s graduates should be maintained at the highest attainable level and irregularity should always be rewarded with the highest punishment to discourage graduates from falling into temptation of cheating”.
The court observed that Mr. Thini’s Petition lacked merit and advised him to exhaust alternate dispute Resolution mechanisms by prosecuting his pending appeal before the Senate Disciplinary committee.