John Owino Obunde (Suing for and on behalf of 82 others) v Technical University of Mombasa & another [2016] KEHC 2742 (KLR)
- Court
- High Court of Kenya
- Case number
- 2742
- Citation
- [2016] KEHC 2742 (KLR)
- Decided
- 13 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional & Judicial ReviewPostureRespondent seeks review of court's orderCoramM. J. ANYARA EMUKULE, MBS
Holding
A stay of the November 23, 2015 order is granted, and JKUAT/TUM is ordered to graduate the Petitioners with Engineering Degrees upon satisfactory completion.
Facts
Petitioners are 82 individuals who claim to have been denied graduation from Technical University of Mombasa (TUM) and Jomo Kenyatta University of Agriculture and Technology (JKUAT).
Issues
- Constitutional violation
- Breach of rights and fundamental freedoms
- Disobedience of court orders
Reasoning
The court reviews the November 23, 2015 order and finds it unconstitutional, thus staying the order and ordering JKUAT/TUM to graduate the Petitioners.
Outcome
The November 23, 2015 order is stayed, and JKUAT/TUM is ordered to graduate the Petitioners.
Orders
- Stay of the November 23, 2015 order
- JKUAT/TUM to graduate the Petitioners with Engineering Degrees upon satisfactory completion
- JKUAT/TUM to admit all 64 Petitioners who opt to complete courses for the award of Engineering Degrees
- JKUAT/TUM to exempt the Petitioners from payment of tuition fees for such courses and for the designated period
- JKUAT/TUM to act in good faith and facilitate the registration of the Petitioners without undue technicalities
Remedies
- Stay of the November 23, 2015 order
- Graduation of Petitioners with Engineering Degrees
- Admission of Petitioners to courses
- Exemption from tuition fees
- Good faith registration
Authorities cited
Legislation (3)
- Constitution of Kenya
- Engineers Act, 2011
- Mombasa Polytechnic University College Order
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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