Republic v Cabinet Secretary, Ministry of Education & another exparte Thadayo Obanda [2018] KEHC 8904 (KLR)
- Court
- High Court of Kenya
- Case number
- 8904
- Citation
- [2018] KEHC 8904 (KLR)
The court quashed the respondent's decisions and ordered the respondent to prohibit himself from interfering with the composition of the governing council and management of the University of Nairobi.
Facts
The applicant, Thadayo Obanda, sought orders to quash the respondent's decisions to reconstitute the governing council of the University of Nairobi and to prevent the council from discharging its statutory mandate. The respondent was the Cabinet Secretary, Ministry of Education.
Issues
- Quashing of the respondent's decision to reconstitute the governing council of the University of Nairobi
- Quashing of the respondent's decision to prevent the governing council from discharging its statutory mandate
- Prohibition of the respondent from interfering with the composition of the governing council of the University of Nairobi
- Prohibition of the respondent from interfering with the composition of the management of the University of Nairobi
Reasoning
The court emphasized the importance of compliance with court orders and the obligation of parties to obey court orders unless they are set aside on review or appeal. The court also noted the potential for contempt of court if orders are disobeyed.
Outcome
The court quashed the respondent's decisions and ordered the respondent to prohibit himself from interfering with the composition of the governing council and management of the University of Nairobi.
Orders
- Order of Certiorari removing into the court for the purposes of being quashed the decision of the respondent to reconstitute the governing council of the University of Nairobi
- Order of Certiorari removing into the court for the purposes of being quashed the decision of the respondent to prevent the governing council from discharging its statutory mandate
- Order of Prohibition directed at the respondent prohibiting him from unlawfully interfering or meddling with the composition of the governing council of the University of Nairobi
- Order of Prohibition directed at the respondent prohibiting him from unlawfully interfering or meddling in the composition of the management of the University of Nairobi
Remedies
- Half the costs of this application are be awarded to the ex parte applicant
Authorities cited
Legislation (2)
- Law Reform Act Chapter 26 of the Laws of Kenya
- Constitution of Kenya Articles 47 and 49
Cases cited (3)
- Econet Wireless Kenya Ltd vs. Minister for Information & Communication of Kenya & Another [2005] 1 KLR 828
- Refrigerator & Kitchen Utensils Ltd. vs. Gulabchand Popatlal Shah & Others Civil Application No. Nai. 39 of 1990
- Wildlife Lodges Ltd vs. County Council of Narok and Another [2005] 2 EA 344 (HCK)
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