Kenya Universities Staff Union v University Council of Masinde Muliro University of Science Nd Technology & 2 others [2018] KEHC 8534 (KLR)
- Court
- High Court of Kenya
- Case number
- 8534
- Citation
- [2018] KEHC 8534 (KLR)
- Decided
- 14 February 2018
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Leave to Commence Judicial Review ProceedingsCoramMcIntyre, Mumbi Ngugi
Holding
The Court grants leave to the applicant to commence proceedings for a mandamus order.
Facts
The Ethics and Anti-corruption Commission (EAC) is investigating allegations of abuse of office, embezzlement, and employment irregularities against the 1st Interested Party (FOT). The 1st Interested Party has been intimidating staff through transfer, demotions, interdictions, and dismissals.
Issues
- Whether the High Court has jurisdiction to hear the applicant's application for a mandamus order.
- Whether the EAC's investigations are in accordance with the Leadership and Integrity Act and Regulations.
Reasoning
The Court determined that the High Court has jurisdiction to hear the application for a mandamus order, as the issue of jurisdiction must be determined at the earliest opportunity.
Outcome
Leave granted to commence proceedings for a mandamus order.
Orders
- Leave granted to commence proceedings for a mandamus order.
Remedies
- None specified in the judgment.
Authorities cited
Legislation (5)
- Universities Act
- Anti-Corruption and Economic Crimes Act
- Public Officer Ethics Act
- Leadership and Integrity Act
- Leadership and Integrity Regulations, 2015
Cases cited (4)
- Owners and Masters of The Motor Vessel “Joey” vs. Owners and Masters of The Motor Tugs “Barbara” and “Steve B” [2008] 1 EA 367
- Employment and Labour Relations Court Act
- Cabinet Secretary, Ministry of Mining & Another vs. National Environment Management Authority & 3 Others Ex-Parte Cortex Mining Kenya Limited, JR Misc. Appl. No. 298 of 2013
- United States International University (USIU) vs. Attorney General [2012] 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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