Republic v Kenyatta University & another Ex-parte Wellington Kihato Wamburu [2016] KEHC 8009 (KLR)

Facts

The applicant, Wellington Kihato Wamburu, seeks orders from the court to release his thesis for his doctor of Philosophy Degree in Management Science, enlist his name in the graduation list, quash the Respondent's letter dated 25th February 2016, prohibit the Respondents from publishing negative information about him, and declare the refusal to release his thesis results and enlist his name in the graduation list.

Issues

1. Whether the Respondent's decision to suspend the applicant was procedurally fair
2. Whether the applicant was afforded an opportunity to present his case before the decision was arrived at

Reasoning

The court considers the grounds for judicial review and the due process of the law, concluding that the applicant was not given a fair opportunity to present his case.

Outcome

The court grants the applicant's application for an order of mandamus to release his thesis for examination, an order of prohibition to prohibit the Respondents from publishing negative information, and an order for a declaration.

Authorities cited