22 students of Masinde Muliro University will remain expelled and suspended after a Kakamega High Court presiding judge Hon. Justice William Musyoka dismissed an application in which the petitioners wanted to block the learning institution from expelling them.
The students are said to be expelled after exercising their constitutional right to picket and demonstrate pursuant to Article 37 of the constitution of Kenya that outlines every person has the right, peaceably and unarmed to assemble, to demonstrate, to picket, and to present petitions to public authorities.
However, the institution says that they merely implemented recommendations of the Welfare and Disciplinary Committee. After the investigations, the committee had found out that these students caused an unrest and damaged school property leading to indefinite suspension of all learning activities in the institution.
The Kakamega High Court judge stated that the application by the students had not clearly stated or showed the events in the background that led to their expulsion from school. He also averred that albeit the petitioners argued on violations of right they had failed to prove to the court that they did not take part in the unrest at the institution.
Among those expelled include the chairman of the Masinde Muliro University Students Organisation, Mr. Vincent Lumala.
The lawyer for the petitioners, Mr Collins Liyayi said that he would appeal the decision.
The students had earlier filed an application seeking conservatory orders that would have stopped postponed their expulsion from school pending hearing and determination of the matter. However, the judge declined to grant the orders.
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