MOHAMED ZAFAR NIAZ & 2 others v PERMANENT SECRETARY MINISTRY OF EDUCATION [2006] KEHC 1082 (KLR)
- Court
- High Court of Kenya
- Case number
- 1082
- Citation
- [2006] KEHC 1082 (KLR)
- Decided
- 13 October 2006
The Permanent Secretary's decision to cancel the old certificate and reduce the number of students is quashed by order of certiorari.
Facts
The applicants, Mohamed Zafer Niaz, Saeed Chaudry, and Waheed Chaudry, are the Chairman, Secretary, and Treasurer of the Islamia Madrassa Society. The Permanent Secretary, Ministry of Education, issued a decision to cancel the registration of the Muslim Academy and reduce the number of students.
Issues
- Did the Permanent Secretary violate the provisions of the Education Act?
- Did the Permanent Secretary act ultra vires the provisions of Section 14 and 15 of the Education Act?
- Was the Permanent Secretary's decision to cancel the old certificate unreasonable?
- Was the Permanent Secretary in breach of the Rules of Natural Justice?
Reasoning
The Permanent Secretary acted ultra vires and did not give the applicant a notice or hearing before making the decision. The decision was made in bad faith and falls under the Wednesbury Principle of unreasonableness.
Outcome
The ex parte applicants are granted the first prayer of the Notice of Motion with costs.
Orders
- Order of certiorari to quash the decision of the Permanent Secretary, Ministry of Education dated 23rd January 2006
Remedies
- Quashing of the decision by order of certiorari
Authorities cited
Legislation (2)
- Education Act
- Interpretation and General Provisions Act
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