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REPUBLIC
V.
UNIVERSITY OF NAIROBI EXPARTE KANG'ATA & 7 OTHERS

(2001) JELR 96029 (CA)

Court of Appeal 27 Apr 2001 Kenya
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- The applicants, students of the University of Nairobi, challenged their suspension and expulsion via judicial review proceedings brought under Order 53 of the Civil Procedure Rules, seeking certiorari and prohibition against the Universit

Case Details

Suit Number:Civil Application 73 of 2001
Judges:Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu
Location:Nairobi
Other Citations:Republic v. University of Nairobi Exparte Kang'ata & 7 others [2001] eKLR

RULING OF THE COURT

Irungu Kang'ata, David Ole Sankok, George Omondi Tambo, Sylvester Nyandero, Kennedy Mbara, Christopher Owiro, Calleb David Otieno and the Student Organisation of Nairobi University (S.O.N.U.) who are the applicants in the motion before us, come to the Court under the provisions of Rule 5 (2) (b) of the Rules of the Court and they seek three basic orders, namely:

"(a) THAT there be a stay of execution of only such portion or part of the decision of 6th March, 2001, to the effect that the University of Nairobi shall convene Disciplinary Committees for the applicants to be tried afresh;

(b) THAT any further proceedings by the University of Nairobi Discipline (sic) Committees convened to try the Applicants be stayed until the applicants' intended appeal is lodged, heard and determined;

(c) THAT in the meantime the status quo be maintained to the effect that the University of Nairobi decision of 4th January, 2001 to suspend and expel the applicants remain quashed and the ap…

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