Republic v Jomo Kenyatta University of Agriculture and Technology; Ex Pare Elijah Kamau Mwangi [2020] KEHC 3363 (KLR)
- Court
- High Court of Kenya
- Case number
- 3363
- Citation
- [2020] KEHC 3363 (KLR)
- Decided
- 10 July 2020
The ex parte Applicant is granted leave to apply for an order of mandamus to compel the Jomo Kenyatta University of Agriculture and Technology to accept his intent to submit PHD Thesis for examination.
Facts
The ex parte Applicant, Elijah Kamau Mwangi, was admitted to a PHD in project management course at Jomo Kenyatta University of Agriculture and Technology. He submitted his intent to submit his PHD thesis for examination but was rejected. He seeks leave to apply for an order of mandamus to compel the university to accept his intent.
Issues
- Whether the ex parte Applicant has met the threshold of an arguable case for leave to commence judicial review proceedings.
- Whether the ex parte Applicant's case is sufficiently meritorious to justify leave to proceed to substantive hearing.
Reasoning
The ex parte Applicant provided evidence of his PHD thesis and impugned decision by the Respondent, and averred as to the grounds and reasons why it considers the Respondent's action and decision to be illegal. The Court finds that the ex parte Applicant has met the threshold of an arguable case.
Outcome
Grant of leave to apply for an order of mandamus
Orders
- Grant of leave to apply for an order of Mandamus
- Costs of the Chamber Summons dated 23rd June 2020 shall be in the cause
- Ex parte Applicant shall file and serve the Respondents and Interested Parties with the substantive Notice of Motion and submissions thereon
- Respondent shall file its response to the substantive Notice of Motion and submissions thereon within 21 days from the date of service by the ex parte Applicant
- Matter shall be mentioned on 22nd September 2020 for further directions
- Pandemic-related directives shall be observed for hearing and determination of the ex parte Applicant's substantive Notice of Motion
Remedies
- Order of Mandamus to compel the Jomo Kenyatta University of Agriculture and Technology to accept the ex parte Applicant's intent to submit PHD Thesis for examination
Authorities cited
Legislation (1)
- Civil Procedure Rules, Order 53 Rule 1
Cases cited (1)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
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