Republic v Kenya Mdical Laboratory Technicians and Technologist Board & Abel Onyango Ex parte Nicky Odongo Lubanga (Judicial Review 601 of 2017) [2017] KEHC 9675 (KLR) (Judicial Review) (6 December 2017) (Judgment)
- Court
- High Court of Kenya
- Case number
- 9675
- Citation
- [2017] KEHC 9675 (KLR)
- Decided
- 6 December 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition and MandamusCoramReview and Constitutional Division, Warsame
Holding
The court found that the Board's decision was not in excess of jurisdiction or in violation of the rules of natural justice, and thus denied the applicant's application for certiorari, prohibition, and mandamus.
Facts
Nicky Odongo Lubanga applied for orders to compel the Kenya Medical Laboratory Technicians and Technologists Board to allow him to sit for the November, 2017 examinations.
Issues
- Whether the Board's decision to deny Lubanga permission to sit for the November, 2017 examinations was in excess of jurisdiction or in violation of the rules of natural justice.
- Whether the Board's decision was without jurisdiction or in excess of jurisdiction.
- Whether the Board's decision was made in violation of the rules of natural justice.
Reasoning
The court applied the principles of judicial review, stating that the purpose of the remedy is to ensure fair treatment by the authority, not to review the merits of the decision.
Outcome
The application for certiorari, prohibition, and mandamus was dismissed.
Authorities cited
Legislation (4)
- Law Reform Act Cap 26 of the Laws of Kenya
- Civil Procedure Rules 2010, Cap 21, Laws of Kenya
- Medical Laboratory Technicians and Technologists Act, 1999, No. 10 of 1999
- Medical Laboratory Technicians and Technologists (Curriculum and Course Content) Regulations, 2006
Cases cited (3)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
- 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
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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