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Republic v Commission for University Education & another ex-parte Genco University [2017] KEHC 2767 (KLR)

[2017] KEHC 2767 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
2767
Citation
[2017] KEHC 2767 (KLR)
Decided
9 October 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx-parte application for leave to applyCoramHonorable Korir, Honorable Korir, Honorable Odunga, Korir, Odunga
Holding

The notice of motion is fatally incompetent and is struck out.

Facts

GENCO University sought leave to apply for judicial review against the Commission for University Education and the Cabinet Secretary, Ministry of Education, Science and Technology.

Issues

  1. technicalities of procedure
  2. non-compliance with filing deadlines

Reasoning

The court found the notice of motion outside the 15-day period granted by Honorable Korir J and that the applicant did not seek the court's indulgence to extend the filing time.

Outcome

The notice of motion is struck out with each party bearing their own costs.

Orders

  • Notice of motion dated 26th April 2016 and filed on 9th May 2016 is struck out

Authorities cited

Legislation (3)
  • Universities Act, 2012
  • Fair Administration Act
  • Rules of Natural Justice
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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