High Court quashes decision by JKUAT to expel student over exam cheating

NAIROBI, KENYA: The High Court has quashed a decision by Jomo Kenyatta University of Agriculture And Technology (JKUAT) to expel an engineering student found guilty of exam malpractice last year.
Justice Weldon Korir sitting in Nairobi ordered the University's examination disciplinary committee to hold fresh hearing within 60 days.
The university had accused Peter Kungu Muraya of having unauthorised material inside the exam room and leaving the exam room with the answer booklet on April 22, 2013 in contravention with university exam regulations.
Muraya told the court after long holiday he received all his examination results signed by Faculty Dean Deputy Registry examination including Physics Code 2171, the unit in which the alleged malpractice had occurred.
He further told the court that on November 12, 2013, he received a letter from the University informing him that his entire results had been cancelled and further expelled from the University.
Muraya argued that the disciplinary proceedings were held in his absentia in October 10, 2013 and further told the court he had received the letter inviting him to attend the hearing in November 12, 2013.
He added that his appeal against the university's drastic actions was dismissed forcing him to move to court to seek review.
He argued before the court that the university erred in cancelling all his examination results while he had committed the irregularity in one unit.
However, the university in its response through Prof. Romanus Odhiambo, the Deputy Vice- Chancellor Academic Affairs, told the court that Muraya was duly informed of the charges before the disciplinary proceedings and was given an opportunity to appeal the decision by disciplinary committee.
In his ruling Justice Korir noted that though exam cheating in universities is a serious offence, the university must temper justice with mercy especially when dealing with first time offenders.
"I am alive to the fact that cheating in examinations is a serious indiscretion which should be discouraged. On the other hand, universities should learn to temper justice with mercy. It would be advisable to give the least severe sentence to first offenders," Korir noted.
The judge noted that the university had not accorded Muraya fair administrative action though the university followed the laid down disciplinary process.