The University of Nairobi has been stopped from taking disciplinary action against 58 students.

The Court of Appeal ordered that any disciplinary proceedings against the students expelled last December should end until an appeal they have alleged is heard and determined.

Appellate judges Riaga Omolo, Samuel Bosire and Emmanuel O'Kubasu lifted High Court orders directing the Vice-Chancellor to convene a disciplinary committee to try the students afresh.

The judges said any recommendations or decisions made in the disciplinary proceedings should not be implemented pending the appeal. 

On March 7, High Court Judge Kasanga Mulwa quashed an earlier decision by the university to expel the students and ordered fresh disciplinary proceedings.

The students then lodged an appeal against the ruling through lawyer Erick Mutua.

The university expelled the students for allegedly breaching rules and regulations.

The judges were satisfied that the students' intended appeal was "arguable and not frivolous". 

"All that the courts are supposed to do is to ensure that the process of conducting the disciplinary proceedings is in accordance with the law," the judges said.

They said that the appeal will be rendered irrelevant if the disciplinary proceedings are not stopped.

"It is not for the courts to tell universities to suspend or not to suspend students whom they intend to discipline. The role of the courts is to ensure that any disciplinary action taken is in conformity with the law," the judges said.

The university is represented by lawyer Mutula Kilonzo.