Court dismisses Masinde Muliro student's bid to block their expulsion

Twenty-two students of Masinde Muliro University have suffered a setback after the High Court dismissed their application to block the institution from expelling them for taking part in riot and damaging property.

Eleven of the students were expelled in September after university senate implemented recommendations of the Welfare and Disciplinary Committee.

Kakamega presiding judge Justice William Musyoka said in his ruling: “The application by the students had not clearly stated or showed the events in the background that led to their suspension.”

The judge said although the students had argued that their rights had been violated, Mr Musyoka said the applicants had failed to prove to the court that they did not take part in the unrest at the institution.

Those expelled include the chairman of the Masinde Muliro Students Organisation, Vincent Lumala. Eleven other students were suspended for two academic years.

The students were suspended for allegedly causing unrest and damaging property at the university, leading to indefinite closure of the institution.

 After the decision, the students' lawyer Mr Collins Liyayi said he would appeal the decision. The students had earlier filed an application seeking conservatory orders but judge declined to grant the orders.

They had sought to stop being expelled from the institution pending the hearing and determination of their application.

 Three students were cleared of indiscipline cases by the senate while two did not show up before the disciplinary committee.