JUDGMENT OF VISRAM, JA.
1. This appeal arises from a ruling delivered by the High Court (Warsame, Ag. J. as he then was). The ruling concerned a judicial review application brought by Prof. Ochong’ Okello (Prof. Ochong’) as the exparte applicant. The orders sought were: an order of certiorari to bring into the Court and quash the decision of the Staff, Disciplinary Committee of Maseno University (hereinafter referred to as the 1st appellant), communicated to Prof. Ochong’ by a letter dated 20th June, 2003; an order prohibiting the 1st respondent, the Council Maseno University, and the Vice Chancellor, Maseno University (hereinafter referred to as the 2nd and 3rd appellants respectively), from taking adverse proceedings against Prof. Ochong’ in connection with the sum of Kshs.1,238,698 alleged to have been paid to Fahari Contractors; and an order of mandamus compelling the 2nd and 3rd appellants to constitute the council of the university in accordance with section 14(1) of the Maseno U…