Kelvin Mbwaya & 3 others v Attorney General & 5 others [2017] KEHC 9474 (KLR)
- Court
- High Court of Kenya
- Case number
- 9474
- Citation
- [2017] KEHC 9474 (KLR)
- Decided
- 29 September 2017
The Court held that the petitioners were students of the 2nd respondent and were entitled to its degrees.
Facts
Petitioners were admitted to the University College in 2009 to pursue a degree in Bachelor of Engineering in Electrical and Electronic Engineering. The University College was a constituent college of the University of Nairobi. Upon graduating, the petitioners applied to the Engineers Board of Kenya for registration as graduate Engineers, but their applications were declined.
Issues
- Whether the petitioners were students of the 2nd or 3rd respondents.
- Whether the 5th respondent should be ordered to register the petitioners as graduate Engineers.
Reasoning
The Court interpreted the constituting instruments, including the University of Nairobi Act, 210 B, Legal Notice No. 159 of 2007, and the charter, to determine that the petitioners were students of the 2nd respondent and were entitled to its degrees.
Outcome
The petitioners were ordered to be registered as graduate Engineers by the 5th respondent.
Orders
- The petitioners were ordered to be registered as graduate Engineers by the 5th respondent.
Remedies
- The petitioners were ordered to be registered as graduate Engineers by the 5th respondent.
Authorities cited
Legislation (2)
- University of Nairobi Act, 210 B
- Legal Notice No. 159 of 2007
Cases cited (2)
- Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd.
- Commercial Tax Officer, Rajasthan v. M/s Binan Cement Ltd
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