Republic v County Director of Education, Nairobi & 4 others Ex-parte Abdukadir Elmi Robleh [2018] KEHC 8967 (KLR)
- Court
- High Court of Kenya
- Case number
- 8967
- Citation
- [2018] KEHC 8967 (KLR)
- Decided
- 27 February 2018
The court found that the deregistration of the applicant's schools was in violation of the rules of natural justice and constitutional and statutory obligations.
Facts
The applicant, Abdukadir Elmi Robleh, seeks orders to prohibit the deregistration of his schools, Amoud High School and Daru Elmu Academy, and to quash the decision to deregister them as examination centers. The applicant claims that the deregistration was based on irrelevant factors and violated the rules of natural justice.
Issues
- Whether the deregistration of the applicant's schools was in violation of the rules of natural justice and constitutional and statutory obligations.
- Whether the applicant's schools were properly registered and operated as per the rules and regulations.
Reasoning
The court held that the applicant was not given prior and adequate notice of the nature and reasons for the proposed administrative action and an opportunity to be heard and to make representations in that regard.
Outcome
The court granted the applicant's application for orders of prohibition and certiorari.
Orders
- An order of prohibition directed at the 4th Respondent, its officers and any other authority acting under its instructions from de-registering, closing down and in any other manner interfering with the smooth running, management and leaving of the Applicant’s schools.
- An order of certiorari to remove into this honourable court and quash the 4th Respondents decision made on the 18th January 2018 of deregistering the Applicants schools.
Remedies
- Costs of this application be provided for.
Authorities cited
Legislation (2)
- Fair Administrative Action Act
- Constitution of Kenya
Cases cited (5)
- Judicial Review Handbook 6th Edition
- Michael Fordham
- Pastoli vs. Kabale District Local Government Council and Others
- Council of Civil Unions vs. Minister for the Civil Service
- An Application by Bukoba Gymkhana Club
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