Republic v University Of Nairobi & another Ex-parte Mwangi Nderitu [2015] KEHC 7685 (KLR)

Facts

The ex parte Applicant, Mwangi Nderitu, seeks to challenge amendments to the SONU Constitution, alleging that the respondents (University of Nairobi and SONU) have no jurisdiction to hear the matter due to Article 35 of the SONU Constitution. The respondents oppose the Applicant's case, arguing that the Court has no power to deal with matters concerning the interpretation and implementation of the SONU Constitution.

Issues

1. Whether the Court has jurisdiction to hear the matter concerning the amendments to the SONU Constitution.
2. Whether the judicial review proceedings are premature as the ex parte Applicant has not exhausted the dispute resolution mechanism provided by Article 35 of the SONU Constitution.

Reasoning

The Court finds that the judicial review proceedings are premature as the ex parte Applicant has not exhausted the dispute resolution mechanism provided by Article 35 of the SONU Constitution. The Court upholds the respondents' preliminary objection.

Outcome

The leave granted to the ex parte Applicant is set aside, and the judicial proceedings are struck out with no orders as to costs.

Authorities cited