RULING
1. The petitioners/applicants are law students at the Kisii University, the respondent. The respondent’s School Disciplinary Committee found them guilty of exam malpractice. The committee also recommended to the University’s Senate to suspend the applicants for 2026/2027 academic year starting in September,2026 and cancel their results for their results for Semester one of 2025/2026 academic year. The Senate agreed with the recommendations and the position was communicated to the applicants vide letters dated 27.4.2026. Subsequently, the applicants appealed against the disciplinary action meted on them but their appeals were unsuccessful. 20 of applicants herein are continuing students and 2 had completed their studies.
2. Before the Court is a Notice of Motion dated 25 th August,2026. When the applicationcame for inter partes on 3 rd September,2026 the applicants who are continuing students sought for interim orders to stay the suspension letters issued dated 6.8.2026 pending the hearing and determination of the application. In the same breath, the applicants sought for interim orders of injunction restraining the respondent, its agents, employees, assigns or anyone acting on their behalf from barring them to register for 2026/2027 academic year which began on 28.8.2026 In this regard Mr. Marako, learned Counsel for the respondent argued that if the orders are not granted, the applicants will be greatly prejudiced in the event they win the petition.
3. The application was, however, opposed by Mr.Ochwang’i Counsel for the respondent who had just come on record. He questioned the practicality of granting interim orders sought when the applicants are already suspended and their exams cancelled.
4. This matter is of public interest as it touches the integrity of exams in one of our highest institutions learning. The substratum of the petition is the outcome of the respondent’s disciplinary processes against the applicants. 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 favour of the applicants without affording the respondent a hearing. This court, therefore, respectfully declines to grant the interim orders sought.
Dated, signed and virtually delivered via Ms. Teams this 7th day of September 2026.
In the presence of;
Mr. Maroko for the Applicants
Mr. Onchwangi for the Respondents
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1. The petitioners/applicants are law students at the Kisii University, the respondent. The respondent’s School Disciplinary Committee found them guilty of exam malpractice. The committee also recommended to the University’s Senate to suspend the applicants for 2026/2027 academic year starting in September,2026 and cancel their results for their results for Semester one of 2025/2026 academic year. The Senate agreed with the recommendations and the position was communicated to the applicants vide letters dated 27.4.2026. Subsequently, the applicants appealed against the disciplinary action meted on them but their appeals were unsuccessful. 20 of applicants herein are continuing students and 2 had completed their studies.
2. Before the Court is a Notice of Motion dated 25 th August,2026. When the applicationcame for inter partes on 3 rd September,2026 the applicants who are continuing students sought for interim orders to stay the suspension letters issued dated 6.8.2026 pending the hearing and determination of the application. In the same breath, the applicants sought for interim orders of injunction restraining the respondent, its agents, employees, assigns or anyone acting on their behalf from barring them to register for 2026/2027 academic year which began on 28.8.2026 In this regard Mr. Marako, learned Counsel for the respondent argued that if the orders are not granted, the applicants will be greatly prejudiced in the event they win the petition.
3. The application was, however, opposed by Mr.Ochwang’i Counsel for the respondent who had just come on record. He questioned the practicality of granting interim orders sought when the applicants are already suspended and their exams cancelled.
4. This matter is of public interest as it touches the integrity of exams in one of our highest institutions learning. The substratum of the petition is the outcome of the respondent’s disciplinary processes against the applicants. 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 favour of the applicants without affording the respondent a hearing. This court, therefore, respectfully declines to grant the interim orders sought.
Dated, signed and virtually delivered via Ms. Teams this 7th day of September 2026.
In the presence of;
Mr. Maroko for the Applicants
Mr. Onchwangi for the Respondents
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