BILLY GRAHAM MUKENYE (EX-PARTE) -VERSUS- UNIVERSITY OF NAIROBI
NAIROBI HIGH COURT JUDICIAL REVIEW NO. 44 OF 2019
The University won a Judicial Review matter that had been filed by Billy Graham Mukenye. The said student was expelled from the University for assaulting the Deputy Chief Halls Officer.
He sought court orders to be reinstated to the University of Nairobi and argued that the university in the letter suspending him did not expound the extent he had breached the Rules and Regulations governing the Organization, Conduct and Discipline of Students that he had already been charged in the court of law on the above criminal case which was ongoing thus should not have been subjected to disciplinary process by the committee case,the process which was unfair,unprocedural and disproportionate as he was not allowed to defend himself against the allegations,not given opportunity to cross examine his accusers and to challenge the evidence and material relied upon to arrive at the impugned decision and also was not given a notice of right to review or an internal appeal of the University’s College Disciplinary Committee.
The court observed that the University followed the laid down procedures by affording him the opportunity to be heard before being expelled, the University could only have acted unreasonably if the Applicant would have suffered double jeopardy as a result of proceedings with the disciplinary hearings. Disciplinary hearings are however regulated by different laws,rules,procedures from criminal proceedings and different thresholds also apply for culpability. And that the University was clothed with powers to discipline Mr. Mukenye and he had not established the University of Nairobi was procedurally unfair or unreasonable in exercise of these powers.
The court thus ruled Mr. Mukenye did not merit the judicial review orders as sought and thus found his Notice Motion dated 27th March 2019 as not merited and the same was declined with no order as to costs.
NB:- Visit http://kenyalaw.org/caselaw/cases/view/183774/ for the detailed judgement.