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

(2001) JELR 96029 (CA)

Court of Appeal  •  Civil Application 73 of 2001  •  27 Apr 2001  •  Kenya

Coram
Riaga Samuel Cornelius Omolo, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

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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