Nairobi News

A fourth year student at Mount Kenya University (MKU) has lost a court battle to challenge her suspension from the institution for cheating in an examination hall.

Constitutional and Judicial Review judge George Odunga dismissed Ms Flora Awino’s suit after he found that the disciplinary process adopted by the university achieved the threshold of a fair administrative action.

Ms Awino is alleged to have destroyed incriminating evidence of cheating by chewing and swallowing a piece of paper, popularly known as “mwakenya”, when the invigilator caught her “with the hand in the cookie jar.”

ILLICIT NOTES

She was sitting for her Diplomatic and Consular Law examination on May 28, 2017, when three minutes into the exams, she reached for a handkerchief to clean her nose but a piece of paper was tagged along, containing the illicit notes.

The student put the paper in her mouth, chewed and swallowed it before a hawk-eyed invigilator confronted her to produce what she had allegedly put into her mouth.

Unable to do so, invigilator Joyce Nderitu asked her to leave the examination hall and follow her, after which she was given a form to fill and explain the unfortunate incident.

According to Ms Nderitu, the student hurriedly swallowed the unauthorised material with the sole purpose of concealing the evidence that ordinarily could have been used against her.

ALMOST CHOKED

The invigilator further said Ms Awino almost choked on the piece of paper as she struggled to swallow it.

She was later summoned to a disciplinary meeting on May 4, 2017, where a decision was reached to suspend her for one semester and to repeat the fourth year first semester upon readmission in September 2017.

She lodged a case in the High Court accusing the university administration of denying her a chance to defend herself or even to summon witnesses.

The student said the disciplinary action against her violated her right to a fair hearing, the Constitution, rules of natural justice and the MKU student handbook.

She said the handbook states that where a candidate destroys evidence by swallowing, tearing or throwing it away, the evidence of at least two invigilators would be deemed as sufficient.

INVIGILATORS

According to MKU, the student was caught with unauthorised notes in the examination room which she destroyed by swallowing and the same was witnessed by two invigilators, Ms Joyce Nderitu and Mr Alex Gachoka.

MKU told the court that its disciplinary committee conducted its proceedings in a manner respectful of the rights of the student and afforded her all the opportunity to rebut the evidence presented to her.

The judge found the institution rightfully exercised its powers and jurisdiction to discipline the student.

Further, the judge noted that Ms Awino had admitted in court proceedings that she had in her possession certain notes made prior to and outside the examination room which she swallowed.

“It is out of the ordinary that one would not only place a piece of paper in one’s mouth, chew the same and proceed to swallow it “subconsciously” as Ms Awino would like this court to believe,” observed the judge.

NO EVIDENCE

Regarding the alleged denial to call witnesses, the judge said there was no evidence presented that Ms Awino’s request was denied.

“From the proceedings on record, there is nothing to support Ms Awino’s allegations and hence there is no basis upon which this court can find that the disciplinary process adopted by the university failed to meet the threshold of a fair administrative action,” ruled Justice Odunga.

He also said the student purported to quote sections of the students’ handbook without producing a copy of it, yet the portions she reproduced were discredited by the institution.

“If these allegations are true, then it does not reflect very well on Ms Awino’s honesty in these proceedings,” noted the judge.

The student had asserted that unless the decision to suspend her studies was quashed, her legitimate expectation of completing the course by August 2017 would be thwarted.