Administrative Law Question Paper
Administrative Law
Course:Bachelor Of Laws
Institution: Kenyatta University question papers
Exam Year:2012
QUESTION
"The student was caught red-handed in the act! Giving him an opportunity to appear before the Disciplinary Committee would have been a waste of time. His testimony would not have changed our confidence in the testimony of the witnesses who appeared before us. We are convinced beyond any doubt that the accused person committed the alleged offences and hereby dismiss him summarily from the University."
The foregoing is an excerpt from a report developed by the Disciplinary Committee of Elimu University on its investigations into violence that occurred at the University on 23rd February 2012. This part of the report relates to findings on the conduct of one of the students accused of leading the riots in school. As stated in the report, the Committee did not interview the accused student and did not call him to testify before it on the allegations made against him ostensibly because such testimony would have been in vain and would not have changed its members' conviction based on the testimony of the witnesses who appeared before it. This perception was also informed by the fact that three members, out of the five members of the committee had actively taken part in the investigations(did not interview the accused student at this stage too) and as such the Committee's proceedings were just an opportunity for them to collect further evidence and hear further testimony on the case.
The student has come to you after dismissal from the school. Advise him on his legal position including ways in which he could challenge the decision or the proceedings of the Committee. (30 marks)
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