- Twenty-two Kisii University law students will remain suspended after the High Court declined to grant them interim relief.
- Hillary Muhalya reports that the students are challenging disciplinary action arising from alleged examination malpractice.
- Their substantive petition is scheduled for hearing on October 5 as the university’s disciplinary measures remain in force.
The High Court in Kisii has declined to lift the suspension of 22 Kisii University law students accused of examination malpractice, allowing the disciplinary measures against them to remain in force as their main court case proceeds.
Justice Paul Kipkosgei Rotich rejected an application by the students seeking temporary orders that would have stopped their suspension and allowed them to register for the 2026/2027 academic year.
The students were found guilty of examination malpractice by the university’s School Disciplinary Committee. The committee recommended that they be suspended for the 2026/2027 academic year and that their Semester One 2025/2026 examination results be cancelled.
The university Senate subsequently upheld the disciplinary recommendations.
Of the 22 students, 20 are continuing students while two had already completed their studies. They appealed against the disciplinary action internally but were unsuccessful before moving to court.
Students sought interim orders
The students argued that continued suspension and denial of registration would cause them significant academic prejudice, particularly if they eventually succeed in their main petition.
The university opposed the application, maintaining that the court should not interfere with its disciplinary process at the interim stage.
In declining to issue the requested orders, Justice Rotich said doing so would effectively determine the students’ application before the university had been given a full opportunity to respond.
“This court is, therefore, of the considered view that interfering with the respondent’s disciplinary process at this stage by granting the orders sought would be akin to summarily determining the application in favour of the applicants without affording the respondent a hearing,” Justice Rotich said.
Court cites examination integrity
The court also recognised the wider public interest surrounding the integrity of examinations in institutions of higher learning.
The latest decision does not finally determine the students’ main petition. Their substantive case is scheduled for hearing on October 5, 2026, when the court will consider their broader challenge to the university’s disciplinary action.
READ AlSO: Five African storytellers to take Nairobi stage as The Moth returns in November
For now, the suspension and cancellation of the affected examination results remain in effect.
By Hillary Muhalya
Get more stories from our website: Education News
To write to us or offer feedback, you can reach us at: editor@educationnews.co.ke
You can also follow our social media pages on Twitter: Education News KE and Facebook: Education News Newspaper for timely updates.
>> Click here to stay up-to-date with trending regional stories
