Peter Glen Onyango v Kenya Methodist University [2021] KEHC 6087 (KLR)
- Court
- High Court of Kenya
- Case number
- 6087
- Citation
- [2021] KEHC 6087 (KLR)
- Decided
- 10 June 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition and Application for Review of Disciplinary DecisionPostureRespondent filed a Notice of Preliminary ObjectionCoramHancoxx, Nyarangi
Holding
The Court dismissed the preliminary objection as the issues raised are factual and require evidence to be taken.
Facts
Petitioner, a student at Kenya Methodist University, was expelled and subsequently claimed he was unlawfully expelled and discriminated against. He filed a Petition and Application for Review.
Issues
- Whether the Petition and application are premature due to a pending appeal
- Whether the Petitioner has exhausted the internal appeal procedure
Reasoning
The Court found that the issues raised are factual and require evidence, thus the preliminary objection lacks merit.
Outcome
The Petition and Application were not dismissed
Orders
- The preliminary objection was dismissed with costs
Remedies
- The Petitioner was granted the opportunity to proceed with his Petition and Application
Authorities cited
Legislation (2)
- Fair Administrative Action Act No. 4 of 2015
- Constitution of Kenya 2010
Cases cited (2)
- Mukisa Biscuit Company v Westend Distributor Limited (1969) EA 696
- Anarita Karimi Njeru v Republic (1979) 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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