Republic v Mount Kenya University & another [2017] KEHC 3861 (KLR)
- Court
- High Court of Kenya
- Case number
- 3861
- Citation
- [2017] KEHC 3861 (KLR)
- Decided
- 1 August 2017
The Court found that the decision was procedurally fair and that the applicant was not given a chance to defend herself or bring witnesses. The Court upheld the decision.
Facts
The applicant, Ouma Flora Awino, was found guilty of examination malpractice during a Diplomatic and Consular law examination at Mount Kenya University. She was suspended for one semester and required to repeat the fourth year first semester upon readmission. She appealed the decision, alleging a violation of her right to fair hearing and the Constitution.
Issues
- violation of right to fair hearing
- violation of Constitution and rules of natural justice
Reasoning
The Court considered the parameters of judicial review and held that the decision making process was not flawed. The Court emphasized that the purpose of judicial review is to ensure fair treatment by public authorities and not to substitute the opinion of the judiciary.
Outcome
Affirmed
Authorities cited
Cases cited (2)
- Municipal Council of Mombasa vs. Republic & Umoja Consultants Ltd Civil Appeal No. 185 of 2001
- Republic vs. Kenya Revenue Authority Ex parte Yaya Towers Limited [2008] eKLR
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