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Republic v Catholic University of Eastern Africa & another Ex-parte Edmund Kiiru Wambui & 41 others [2017] KEHC 9645 (KLR)

[2017] KEHC 9645 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9645
Citation
[2017] KEHC 9645 (KLR)
Decided
13 November 2017
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition, Mandamus and QuashingCoramLenaola
Holding

The Court finds the University's decision unreasonable and in violation of the applicants' constitutional rights to fair administrative actions.

Facts

The applicants are students at the Catholic University of Eastern Africa who were discontinued from their law programs due to non-compliance with entry requirements and qualification equating. The University sent letters to the applicants discontinuing their studies.

Issues

  1. Reasonableness of the University's decision to discontinue applicants
  2. Constitutional right to fair administrative actions

Reasoning

The Court upholds the applicants' constitutional right to fair administrative actions and finds the University's decision unreasonable. The Court emphasizes the constitutional requirement of reasonableness in administrative actions.

Outcome

The Court grants the applicants' application for Certiorari, Prohibition, and Mandamus.

Orders

  • Remand the decision to the University for reconsideration
  • Re-admit and allow the applicants to pursue their law degrees

Remedies

  • Re-admit and allow the applicants to pursue their law degrees
  • Remand the decision to the University for reconsideration

Authorities cited

Legislation (2)
  • Legal Education (Accreditation and Quality Assurance) Regulations Laws, 2016
  • Law Reform Act Cap 26
Cases cited (2)
  • Associated Provincial Picture Houses vs. Wednesbury Corporation
  • President of the Republic of South Africa and Others vs. South African Rugby Football Union and Others
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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