KMTC disciplinary process- Offences, Verdict and How to appeal

Media Team @Educationnewshub.co.ke

             DISCIPLINARY OFFENCES

                  General

  1. 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
  2. The College has no right of exclusive jurisdiction over its students in criminal matters and other offences covered by
  1. Notwithstanding any action that may be taken by the police under the foregoing paragraph, the College may take independent disciplinary
  2. 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:

  1. Being drunk and disorderly
  2. Possession or trafficking of prohibited drugs
  1. Affray or fighting
  2. Possession of offensive weapons g. daggers, bows and arrows, guns and fire arms, etc.
  3. Assault or assault causing bodily

 

  1. Handling of stolen
  2. Obstruction to perform
  3. Molesting other
  1. Kidnapping, abduction or
  1. Illegal or unlicensed

          Civil Offences

These shall include:

  1. Failure to pay fines
  2. Failure to honour summons
  1. Deviant behaviour such as willful breakage of property,
  2. 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:

  1. Manipulation of fee
  2. Defamation of other people in the social
  1. Falsifying admission
  2. Promoting ethnic hatred, animosity or
  3. Transfer of unauthorized information or

          Other Disciplinary Offences

The offences shall include:

  1. 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
  2. Forceful ejection of students and staff from lecture halls, library, hostels and
  1. Use of College facilities like halls, lecture theatres and common rooms by students for business, meetings and parties without written approval from the
  2. 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
  3. Uprooting/damage of flowers/plants, defacing buildings, to harm/kill pets and domestic animals within the College

 

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

  1. Malicious damage to College
  2. Operating or participating in the activities of a club or society that is not registered in the
  3. Operating business activity within the College premises without prior authorized
  1. Boycotting lectures, practical, field work or other academic

 

 

 

              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

  1. 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
  2. Administrative and Academic staffs of the College have authority to ensure that the rules and regulations are adhered to by all

                  Enforcement of Regulations

  1. 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.

  1. 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
  2. The Campus Disciplinary Committee will be convened as need arises following receipt of cases
  1. 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
  2. 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

  1. The Chairman of the committee shall convene a meeting of the Disciplinary Committee within two (2) weeks after receiving the
  2. 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
  1. Summons to attend shall take precedence over all other students’

 

  1. 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:

  1. Disciplinary misconducts committed within the jurisdiction of a particular Campus shall in the first instance be reported to the Principal of that
  2. The Principal shall refer the reported disciplinary misconduct to the relevant disciplinary committee for
  1. 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
  2. The decision of the Departmental Disciplinary Committee shall be ratified by the Campus Disciplinary
  3. 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.

 

  1. 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
  2. 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
  3. 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

  1. 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
  2. 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.
  1. A Student has the right to appeal in writing against any decision made at Campus level within fourteen (14)
  2. Any student who is expelled or discontinued shall forfeit all moneys paid to the
  3. 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

 

                  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

  1. 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
  2. The Students Appeal & Disciplinary Committee shall be a committee constituted as per existing College

                  Procedure of Appeal

  1. The student will apply directly in writing and addressed to the CEO, within fourteen (14) days of receipt of the Campus Disciplinary Committee’s
  2. On receipt of appeal, the Chairman of the College Disciplinary Committee shall notify the student on the date of the hearing of the

  3. Important KMTC Links

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