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Republic v M B H S ex parte J K (suing on behalf of K K M - a minor) [2016] KEHC 3227 (KLR)

[2016] KEHC 3227 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
3227
Citation
[2016] KEHC 3227 (KLR)
Decided
16 September 2016
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for orders of certiorari, prohibition, and mandamusCoramG V ODUNGA
Holding

This is not a proper case for judicial review

Facts

The applicant's minor child was expelled from the respondent's school after poor examination results, and the minor was sent home. The minor's father sought a transfer, but the minor was later expelled again.

Issues

  1. Whether the minor's expulsion was voluntary
  2. Whether the respondent's decision to expel the minor was procedurally fair

Reasoning

The conflicting averments by the parties cannot be resolved in a judicial review proceeding, and a full-fledged hearing is required.

Outcome

The application is dismissed

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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