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KMTC disciplinary process- Offences, Verdict and How to appeal

Media Team @Educationnewshub.co.ke October 20, 2024

10 minutes read

DISCIPLINARY OFFENCES

General

Disciplinary offences shall include all crimes and other offences under the Laws of Kenya including any violation of any of the rules and regulations laid down for the governance and control of the conduct of students of the
The College has no right of exclusive jurisdiction over its students in criminal matters and other offences covered by

All offences under the Penal Code Cap 63 and any other Laws of Kenya may be reported to police to take independent

Notwithstanding any action that may be taken by the police under the foregoing paragraph, the College may take independent disciplinary
Without prejudice to the generality of the above provisions, the conduct listed under 11.2, 11.3 and 11.4 below shall constitute specific disciplinary

Criminal Offences

These shall include the following:

Table of Contents

Being drunk and disorderly
Possession or trafficking of prohibited drugs

Possession of illegal

Affray or fighting
Possession of offensive weapons g. daggers, bows and arrows, guns and fire arms, etc.
Assault or assault causing bodily

Arson, attempts to commit arson or attempts to destroy or injuries to
Theft and other related offences g. robbery and extortion.

Handling of stolen
Obstruction to perform
Molesting other

Organizing and/or participating in unlawful demonstrations, processions or
Rape or attempted

Kidnapping, abduction or

Sexual harassment, indecent assaults,
Indecent exposure/exhibition.
Impersonation and false
Forgery, fraud,

Illegal or unlicensed

Aiding suicide or attempted
Concealing birth, killing of unborn child and
Abandonment of a
Subversion or
Murder or
Illegal
Use of abusive or profane
Threats to endanger one’s life or
Any other offence that shall be deemed as a crime from time to time by the laws of

Civil Offences

These shall include:

Failure to pay fines
Failure to honour summons

Failure to settle debts

Deviant behaviour such as willful breakage of property,
Any other offence that shall be deemed as a civil crime from time to

time by the laws of Kenya.

Cyber Offences

Any misuse of internet or management information systems or electronic devices such as:

Manipulation of fee
Defamation of other people in the social

Sending or circulating abusive text messages.

Falsifying admission
Promoting ethnic hatred, animosity or
Transfer of unauthorized information or

Gaining access to unauthorized
Any other offence that shall be deemed as a cyber crime from time to time by the laws of

Other Disciplinary Offences

The offences shall include:

Threatening or holding hostage or extortion or to strike or physically harm any other student, staff or any other employee of the College, or a member of
Forceful ejection of students and staff from lecture halls, library, hostels and

Interference with the movement of College vehicles or cause traffic obstruction in or outside the

Use of College facilities like halls, lecture theatres and common rooms by students for business, meetings and parties without written approval from the
Accessing or using places on College designated as ‘Out of Bounds’ or ‘No Through Way’, such as Telephone Switchboards, Kitchens, Examination Offices, Water Treatment Works and other such areas as notified from time to
Uprooting/damage of flowers/plants, defacing buildings, to harm/kill pets and domestic animals within the College

Keeping any kind of domestic animals and pets within the College
Being in possession of knives, sticks, metal bars, harmful chemicals

or any other articles which might endanger other members of the College community.

Malicious damage to College
Operating or participating in the activities of a club or society that is not registered in the
Operating business activity within the College premises without prior authorized

Making slanderous and/or irresponsible statements about matters affecting the College or Student’s
Inviting unauthorized guests or dignitaries without
Addressing media, public about the College without permission from the

Boycotting lectures, practical, field work or other academic

Travelling to a College academic/social trip without prior approval by the
Failure to adhere to College academic/social trip inventory/ travel guides or
Use of any abusive or profane language while in the
To litter or throw any waste items outside the dustbins

Creating unreasonable noise or engaging in unruly and rowdy behaviour causing disturbance or annoyance to other persons in the College
Admission of visitors to College hostels/rooms.
Interfering with or blocking scheduled College activities such as lectures, seminars
Cooking in unauthorized
Publishing, writing and/or distributing of anonymous literature of a malicious nature, including
Residing with a relative or unauthorized persons in the College
Subletting a hostel
Failure to surrender hostel key(s) or property when
Failure to vacate College premises or hostels when required to do

Accessing College premises, facilities, or participating in functions while on suspension or expulsion from the
Organizing, participating or financing demonstrations, processions, ceremonies, picketing or any other meetings for which permission has not been granted by the College or a government
Failure to appear before the Campus/College Students Disciplinary Committee when summoned to do

DISCIPLINARY ACTIONS

Jurisdiction

The following provisions shall apply to all disciplinary action taken against students in respect of the disciplinary offences specified herein, whether such offences are committed within or outside the College precincts.

Officers in Charge

The responsibility of maintaining discipline at the College is vested with the Office of the CEO who may from time to time delegate such powers to other officers of the College for purpose of investigation and
Administrative and Academic staffs of the College have authority to ensure that the rules and regulations are adhered to by all

Students on field and industrial attachments, and teaching practice shall be subject to the supervision of the officers under whom the College places

Enforcement of Regulations

In the event of breach of the regulations, and depending on the nature of the offence the Campus staff shall adopt the following measures:
1. Require the student to make a written statement in response to the charges. Where the student fails to make the statement the disciplinary proceedings will
2. Shall warn or caution the student either verbally or in
3. Shall report the student to the Chief Security Officer in writing enclosing any documentary evidence for further investigation and
4. The Chief Security Officer shall investigate and forward relevant

documentation to Principal for further action.

Principal shall establish whether there is a case to In this respect, the Principal may institute the following measures:
- Warn or caution the
- Provide counseling to the
- Forward the case to the Campus Disciplinary Committee within fourteen (14)
- Take any other action that may be deemed appropriate at that
The Campus Disciplinary Committee will be convened as need arises following receipt of cases

If a student is not satisfied by the decision at Campus, he/she may appeal to College Disciplinary

A student who has taken the College to court or has a pending court case against the College shall be suspended from the College until the case is heard and
In the event that a student who has pending or instituted court proceedings against the College wants to be heard by the Student Disciplinary Committee he/she shall be required to withdraw the case from the

DISCIPLINARY PROCEDURES

Meeting of the Students Disciplinary Committee

The Chairman of the committee shall convene a meeting of the Disciplinary Committee within two (2) weeks after receiving the
The Chairman of the students Disciplinary Committee shall invite both the student and the complainant of the date and time of the meeting and inform them of the requirement to attend and their right to be present and to call

The student shall be required to attend the hearing in person accompanied by the parent or guardian as captured in the College admission

Summons to attend shall take precedence over all other students’

Students who fail to appear before the Student Disciplinary Committee will be expelled to show

Procedure of the Committee

There shall be a Students Disciplinary Committee of KMTC constituted as follows:

Disciplinary misconducts committed within the jurisdiction of a particular Campus shall in the first instance be reported to the Principal of that
The Principal shall refer the reported disciplinary misconduct to the relevant disciplinary committee for

There shall be disciplinary committees established as follows:
1. Departmental Disciplinary Committee comprising of the Head of the Department as the chairperson and academic staff appointed by the
2. The Campus Disciplinary Committee comprising of the Principal of the Campus as the chairperson, Deputy Principal in-charge of Academics as the secretary and other members appointed by the Principal of whom shall include academic
3. The College Disciplinary Committee comprising of the Deputy Director Academics as the chairperson and other members appointed by the CEO, four (4) of whom shall be members of the Academic

Disciplinary misconducts for which a penalty of a suspension for a period not exceeding twelve months is prescribed under these rules shall where applicable in the first instance, be dealt with by the Departmental Disciplinary
The decision of the Departmental Disciplinary Committee shall be ratified by the Campus Disciplinary
Disciplinary misconducts, for which a penalty of a suspension for a period not exceeding twelve months is prescribed under these rules shall in the first instance, be dealt by the Campus Disciplinary Appeals from the decision of the Campus Disciplinary Committees shall be dealt with by the College Appeals Disciplinary Committee.

Gross disciplinary misconducts for which a penalty of expulsion is prescribed under these rules shall in the first instance be dealt with by the Campus Disciplinary

The decision of the Campus Disciplinary Committee shall be subject to appeal to the

The decision of the College Disciplinary Committee on any disciplinary matters shall be subject to appeal to the Board of Directors which decision shall be
At all disciplinary proceedings before which a student is summoned, the student shall be entitled to a fair hearing and shall be accorded adequate opportunity to adduce any evidence in his/her
Any student who is the subject of disciplinary proceedings shall appear in person before the disciplinary forum and not by any representative

Powers of the Students Disciplinary Committee

The Disciplinary Committees shall have powers to impose any one of the following penalties: –
1. A letter of warning or
2. Levy a surcharge for full replacement or repair of damaged, destroyed, wasted vandalized or lost
5. Any other penalty prescribed under these
In arriving at an appropriate penalty or combinations thereof the disciplinary authority shall be at liberty to consider past and present conduct of the student who is the subject of the disciplinary proceedings and not merely the immediate circumstances in furnishing the reasons for the disciplinary The record and decision of any disciplinary action taken against a student shall form part of the student’s record.

Students appearing before the Disciplinary Committees shall be informed of the Committee’s decision within fourteen days (14) from the date of the conclusion of

A Student has the right to appeal in writing against any decision made at Campus level within fourteen (14)
Any student who is expelled or discontinued shall forfeit all moneys paid to the
Nothing in these rules shall be read so as to impede the power of departments, faculties, and the Academic Council to make rules in respect of the administration of academic affairs of the

These rules and any decisions made pursuant thereto by the disciplinary authority herein above shall not derogate from the right of the police or any member of the public so entitled, to bring any civil action or to institute criminal proceeding in respect of the same set of facts against a student in a court of law nor shall anything herein preclude the state from taking any action which it may deem necessary against any student in the interest of security and public

Communication of Disciplinary Decisions

The Principal or Deputy Director Academics (DDA) shall respectively communicate the Campus and College Disciplinary Committees` decisions to the student and such decisions shall take effect immediately.

Appeal

The student shall have the right to appeal to the CEO against the decisions of the Campus Student Disciplinary Committee and to Board of Directors against the decisions of College Students Disciplinary Appeals
The Students Appeal & Disciplinary Committee shall be a committee constituted as per existing College