By Mandere Onyinkwa
The High Court in Kisii has declined to suspend disciplinary action against 22 Kisii University law students accused of examination malpractice.
Justice Paul Kipkosgei Rotich dismissed the students’ application for interim orders seeking to stop their suspension and the cancellation of their examination results pending the hearing and determination of their case.
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The judge said the matter was of public interest because it concerned the integrity of examinations at a higher learning institution.
“This matter is of public interest as it concerns the integrity of exams in one of our highest institutions of learning,” Justice Rotich said.
He noted that the students’ petition challenged the outcome of disciplinary proceedings undertaken by the university following allegations of examination malpractice.
Justice Rotich said granting the interim orders at this stage would effectively interfere with the university’s disciplinary process before the institution had been given an opportunity to fully respond to the students’ case.
“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 in favour of the applicants without affording the respondent a hearing,” he said.
The judge consequently declined to grant the interim orders sought by the students.
The Kisii University Disciplinary Committee had found the 22 students guilty of examination malpractice and recommended that the university Senate suspend them for the 2026/2027 academic year, beginning in September 2026.
The committee also recommended the cancellation of their examination results for Semester One of the 2025/2026 academic year.
The Senate adopted the recommendations, which were communicated to the students through letters dated April 27, 2026.
The students subsequently appealed against the disciplinary action, but their appeals were unsuccessful.
Of the 22 applicants, 20 are continuing students while two had completed their studies.
The dispute before the High Court arose from a Notice of Motion dated August 25, 2026.
When the application came up for inter partes hearing on September 3, the continuing students sought interim orders staying the suspension letters issued on August 6.
They also sought an injunction restraining Kisii University, its agents, employees, assigns or anyone acting on its behalf from preventing them from registering for the 2026/2027 academic year, which commenced on August 28.
The court’s decision allows the university’s disciplinary measures to remain in force pending further proceedings in the case.
