Kevin K Mwiti & others v Kenya School of Law & others [2015] KEHC 2788 (KLR)
- Court
- High Court of Kenya
- Case number
- 2788
- Citation
- [2015] KEHC 2788 (KLR)
- Decided
- 29 September 2015
The Court holds that the applicants have surmounted the first hurdle and have proved they have a prima facie case warranting further investigation by the Court.
Facts
The applicants are law students who were admitted to their respective universities before the Kenya School of Law Act, 2012 was enacted. The Act established the Kenya School of Law and did not provide a transition period. The applicants claim they were subjected to differential treatment from their predecessors due to the promulgation of guidelines for admission to the Advocates Training Programme.
Issues
- Whether the applicants have established a prima facie case
- Whether the Respondents' actions are discriminatory and violate the Constitution
Reasoning
The Court considers the applicants' claim of discrimination and the Respondents' position that the guidelines were promulgated to avoid violating constitutional values and principles of equality and non-discrimination. The Court holds that the applicants have a prima facie case.
Outcome
The Court grants the conservatory order.
Authorities cited
Legislation (1)
- Kenya School of Law Act, 2012
Cases cited (4)
- CORD Case
- Centre for Rights, Education and Awareness (CREAW) & 7 others vs. The Hon. Attorney General, Nairobi HC Pet. No 16/2011
- Muslims for Human Rights (MUHURI) & 2 others vs. The Attorney General & Judicial Service Commission, Mombasa HC Pet. No. 7 of 2011
- V/D Berg Roses Kenya Limited & Another vs. Attorney General & 2 Others [2012]
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