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UoN student challenges expulsion over bhang ‘found in his hostel room’

A University of Nairobi student who was expelled after being found with bhang in his residence has challenged his expulsion in court.

Antonny Mwambia Thuranira, a third year Statistics and Economics student, has sued the institution for expelling him.

He was admitted in 2014 to the University of Nairobi’s School of Economics but was expelled in April last year and claims that the decision was pre-determined.

“I have exhausted all avenues as provided by the university in seeking redress even though they have been unfair, now I have opted to come to court as my last resort,” Mr Thuranira said.

DUE PROCESS

Through his lawyer Ms Wairimu Mwangi, he claimed that the decision was made without following due process as per the administrative and academics procedures in the university charter, as well as laws governing the conduct and discipline of students.

The lawyer also said that the student was not accorded a fair hearing as he was not granted a chance to explain or defend himself hence the decision against him is illegal, unfair and made in bad faith.

Ms Mwangi further faulted the fact that the dispute occurred and was determined in less than six months contrary to the rules of disciplinary issues.

In court papers, the lawyer argues that his client was a normal student until riots over disputed elections occurred and the university was indefinitely closed forcing all students to go home between March and April last year.

While away from the varsity premises and hostels, he received a letter from the Vice Chancellor which indicated that unauthorized items had been discovered in his room which he shared with three others between April 8 and 11, 2016-Room 107, Hall 6.

DISCIPLINARY COMMITTEE

The letter summoned him to appear before the disciplinary committee, informed him that he was suspended and was advised to keep off from the precincts of the institution.

He alleges that he was sent on suspension even without knowing what the unauthorized items being referred to were and an internal memo was sent to the registrar of students on April 13 stating his offenses.

He was later asked to appear before the disciplinary committee with his guardian on April 19, 2016 and asked to await a verdict yet no evidence of the cannabis sativa was presented.

He then received a letter on April 21, 2016 which found him as dishonest and that one of his roommate’s evidence corroborated his.

He alleged that when he attempted to appeal against that decision on May 6, 2016, explained that the bhang allegations came while he was home during the indefinite closure and that it was not found in his possession or belongings, the committee still ruled that his expulsion still stands.

“I request that the execution of the unlawful decision of discontinuing me from my studies be suspended and reinstate me back to my studies. I have suffered greatly,” he said.