NORBERT AMONGE V MOI UNIVERSITY [2012] KEHC 1804 (KLR)
- Court
- High Court of Kenya
- Case number
- 1804
- Citation
- [2012] KEHC 1804 (KLR)
- Decided
- 27 September 2012
The Court held that the Defendant's expulsion of the Plaintiff was invalid and that the Defendant should release the Plaintiff's examination results.
Facts
The Plaintiff was admitted to Moi University's Faculty of Science to pursue a Bachelor of Science degree. He completed his first and second years but was expelled during his third year. He filed a civil application for certiorari and mandamus, which was unsuccessful.
Issues
- Whether the Defendant's expulsion of the Plaintiff was valid
- Whether the Defendant should release the Plaintiff's examination results
Reasoning
The Court found that the Plaintiff fulfilled the university requirements and regulations for the award of the degree of Bachelor of Science. The Defendant's expulsion was found to be in breach of the Moi University Act and University Regulations.
Outcome
Affirmed the order of certiorari and mandamus issued by the lower court
Orders
- Certiorari quashing the decision of the Defendant's Senate expelling the Plaintiff from the university
- Mandamus compelling the Defendant to release the Plaintiff’s results
Remedies
- Releasing the Plaintiff's examination results
Authorities cited
Legislation (2)
- Moi University Act
- University Regulations
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