UON Students Can Now Hire Lawyer For Disciplinary Matters

The High Court has nullified a rule at the University of Nairobi that blocks students from being represented by a lawyer during a disciplinary process terming it unconstitutional.

According to Justice Anthony Mrima, the rule, which is contained in the university’s regulations governing the organization, conduct, and discipline of students, infringes Article 50(2)(g) of the Constitution to the extent that it denies legal representation for students facing disciplinary processes.

Article 50(2)(g) states that every accused person has the right to a fair trial which includes the right to be represented by an informed person.

The judge added that the right to a fair trial is among the rights and fundamental freedoms which cannot be limited at all.

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He said that It is, therefore, a right that cannot be waived or acquiesced. Article 50(1) is on the impartiality and independence of a court or a tribunal. The requirement, therefore, also has the element of how the courts or tribunals are constituted,” said Justice Mrima.

Mrima was ruling on a case filed three years ago by a student, Martha Kerubo Moracha, who was expelled on allegations of being found with unauthorized materials in the examination room.

She was pursuing undergraduate studies for a degree of Bachelor of Economics and Statistics. Kerubo told the court that by denying her legal representation during the disciplinary proceedings, the university infringed on her rights guaranteed under Article 50 of the Constitution.

She contended that a trial is a technical process and, therefore, one’s legal representation is crucial. In September 2020, the University of Nairobi issued a set of guidelines that would see expelled students readmitted to complete their studies.

The guidelines, however, only applied to students that showed remorse, served at least one year after expulsion, and demonstrated a change in character.

The guideline that was set by the Pardon Advisory Committee (PAC) would see students appealing to the chair of the senate. However, students that faced criminal cases in court were exempted from the pardon.