Republic v University of Nairobi & another Ex-Parte Nabiswa Wakenya Moses [2016] KEHC 4571 (KLR)

Facts

The applicant, Nabiswa Wakenya Moses, contested for the position of student representative for KNH Campus during the April 2016 elections. Kodiwo Anthony Bernard was also a contestant. The election was conducted by the Student Organization of Nairobi University (SONU).

Issues

1. Whether an order of mandamus can be granted to compel the University of Nairobi and SONU to enforce the ruling declaring the applicant the winner of the KNH Campus representative post.
2. Whether an order of mandamus can be granted to prohibit the University of Nairobi and SONU from allowing any person to discharge duties in the position of KNH Campus representative and to swear in the applicant as the duly legally elected official of SONU in the position of finance secretary.

Reasoning

The court cited precedents to explain the nature and purpose of mandamus, emphasizing that it is a command requiring a person to do something in the nature of a public duty to remedy defects of justice. The court ruled that an order of mandamus can be granted to compel the performance of a duty imposed by statute, but not to quash a decision already made.

Outcome

The court dismissed the application for mandamus and prohibition.

Authorities cited