An Investigation Into the Potential of Incorporation of Mediation in the University of Nairobi Students’ Disciplinary Procedures and Processes

Abstract

This study sought to examine the viability of incorporation of Mediation into the University of Nairobi’s Student Disciplinary Procedures and Processes. The study was underpinned by Conflict theory which relied on the works of Karl Marx, General System theory by Ludwig Von Bertalanffy and Edward Freeman’s Stakeholder theory. The study employed critical document review approach. To this end, the study, examined the university’s historical background on student disciplinary and the current Student’s Code of Conduct, which outlines student disciplinary processes and procedures. Additionally, the study reviewed cases filed in court with regards to the University of Nairobi’s student disciplinary procedures and processes, which poses reputational and financial risks. A case on why Mediation is the preferred Alternative Dispute Resolution (ADR) mechanism was made, taking into account, the Universities Act, 2012 encourages amicable resolution of disputes and the University of Nairobi Students’ Code of Conduct has empowered its disciplinary panels to make any changes necessary to make disciplinary processes effective. Therefore, providing the legislative foundation for the University to incorporate Mediation into its student Disciplinary Processes and Procedures Comparative study on how the university may incorporate mediation were made, by examining how the University of Warwick1 and Oriel College-Oxford2 University have incorporated it. Both institutions were chosen for their robust student Mediation Frameworks and processes. The study appreciated that the nature violations of Codes of Conduct by students has evolved and recommended that Mediation is incorporated into the University of Nairobi Students’ Disciplinary Procedures and Processes. Recommendations on how the university may incorporate mediation were made, by examining how the University of Warwick and Oriel College-Oxford University have incorporated it.