The High Court in Kisumu on Wednesday gave Maseno University the go ahead to subject 26 of its students who were suspended last month to a disciplinary process.
The students, including Charles Juma, the suspended president of the Student Organisation of Maseno University (Somu), had gone to court to block their appearance before the university disciplinary team saying the process for summoning them was unprocedural and against rules of natural justice.
The students said they were not allowed to explain themselves before being suspended. High Court judge Esther Maina ruled that the students had an avenue to be heard in the university disciplinary committee.
Maina said noted that for the court to allow the learners’ case and stop their summonses would be preventing a disciplinary process by an independent institution with its own mechanisms.
The 26 argued that the notices of their suspension should have been signed by the Vice Chancellor Prof Dominic Makawiti and not his deputy in charge of academics, Prof Mary Kipsat.
Through lawyer Tom Adiso, they said that their suspension before being heard was both unprocedural and against rules of natural justice. The students argue that they were suspended before being heard by the university and that it is not right to subject them to the disciplinary team before they were heard.
But through lawyer Daniel Otieno, the university argued that the students were trying to use the court to shield themselves from being disciplined.
The university argued that the learners must agree to be subjected to the university disciplinary measures arguing that they were assured of justice.
Mr Otieno said the applicants had the “viable alternative” of being before the committee instead of filing their case in court.
The students are accused of various charges, common among them being destruction of university property, threatening students and staff and violating university injunctions.