Republic v Kenyatta University Ex-Parte Solomon J Mummah [2013] KEHC 73 (KLR)
- Court
- High Court of Kenya
- Case number
- 73
- Citation
- [2013] KEHC 73 (KLR)
- Decided
- 25 April 2013
The matter is not properly before the court as a judicial review court, as the dispute is a private law issue.
Facts
The applicant, Dr. Solomon J Mummah, was employed by Kenyatta University on 23rd March 2004. On 5th January 2012, he received a letter suspending him from the University and referring his case to the Senior Board of Discipline. He disagreed with the suspension and left the University pending his appearance before the Board. On 2nd May 2012, he was invited to attend the Board and required to defend himself on additional charges.
Issues
- Whether the matter is properly before the court as a judicial review court or an ordinary civil court.
- Whether the relationship between the applicant and the respondent was purely a private law issue or statutorily underpinned.
Reasoning
The court determined that the dispute was a private law issue and not a public law issue, as the relationship between the applicant and the respondent was not statutorily underpinned.
Outcome
The ex parte application is dismissed.
Authorities cited
Legislation (2)
- Kenya University Act, Cap 210C
- Law Reform Act, Cap 26
Cases cited (2)
- Peter Okech Kadamas vs. Municipal Council of Kisumu Civil Appeal No. 109 of 1984
- Eric V J Makokha & 4 Others vs. Lawrence Sagini & 2 Others Civil Application No. Nai. 20 of 1994
Loading judgment…