Suspensions and expulsions of students in
Universities are a common occurrence in Kenya. More common is the political
thread and undertone inherent in all these arbitrary decisions. It has been the
singular weapon unleashed by the administration of these institutions to curb
student activism and direct political activity to their advantage or
disadvantage of popular undertakings. The nature of these decisions has been criticized in wide scale by activists, media and even the courts on numerous
occasions. But what exactly enables the administration with such ease continually
make them? The answer lies in the very rules guiding the discipline of
students.
The Rules and Regulations governing the
Organization, Conduct and discipline of students (hereinafter referred to as
The RRGOCD),currently operational were enacted in 27th November 1987
under the University of Nairobi Act, CAP 210 Laws of Kenya, which mandated the
University Council and Senate to legislate the by-law.
It is noteworthy that this time in history
is instrumental in Kenya’s political scene as it is the period that Kenyans
were engaged in the second liberation-a struggle for multi-partyism and wider
democracy, virulently opposed by the then autocratic regime of President Daniel
Moi. Such struggle found home especially in institutions of higher learning mainly
the University of Nairobi. The Moi dictatorship therefore found it
exceptionally important to curb student activism by such reactionary methods
that bore The RRGOCD.
The Rules and Regulations that openly bar
even the simplest of picketing and absolutely delegitimises peaceful protest
were and are an affront to the UN Declaration of Human Rights let alone the
Kenyan Constitution.
Subsequent regimes have failed to inspire a
change of The RRGOCD mainly as it has over the years served their cruel selfish
gains. Pungent tribal politics have found it an effective weapon to shape the
political structure of the University and hence the national one. It is for
instance laughable that the NARC Government, the most popularly elected
government in recent history, after its victory over the decade’s long KANU
dictatorship, only gave blanket amnesty to all and sundry that were suspended
and expelled on political reasons under the RRGOCD without even proposing a
change in the rules themselves. Such hypocrisy has been the bane of our
society.
Hundreds of innocent students have had
their studies derailed or halted due to the cruelty of these regulations. In
fact statistics show that the rules and regulations have served no positive
purpose save being applied selectively on innocent comrades.
It is
the duty of such tertiary institution to impart higher education on its
students, to steadily support and anchor the constitutional right to education,
to mould and model personalities into effective persons for the development of
society-It is this duty that has historically been hampered by elements in
administration who’ve used the RRGOCD to turn the University from such a
facility to a 24hour correctional facility.
The university, just like any other
society, needs rules to shape and guide the conduct of elements in it for the
greater good. Granted. Asked on the importance of Government a Wiseman said
that he needs not its help, but needs help against its excesses. The rules that
guide the conduct of students shouldn’t be solely directed on political
activism but protect the well-being of students and their property. After all,
political activism is positive and should be promoted. Just like the examples
of Nelson Mandela, George Washington show, it is not activism that destroys the
serenity and standing of this society (the University) but unprogressive,
corrupt, tribal elements in the administration left unchallenged.
Akach Jim,
Student of Law& Student Leader, University of Nairobi
