Ondari Isaac Mageto v Machakos University [2021] KEHC 6664 (KLR)
- Court
- High Court of Kenya
- Case number
- 6664
- Citation
- [2021] KEHC 6664 (KLR)
- Decided
- 31 May 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureRespondent RespondedCoramOdunga
Holding
The disciplinary proceedings were unfair and violated the rules of natural justice.
Facts
Petitioner was suspended by the University and summoned to appear before the Disciplinary Committee. He requested for University Rules on Procedure but was denied. He was not notified of the complainant or given an opportunity to cross-examine.
Issues
- Unfair disciplinary proceedings
- Violation of rules of natural justice
Reasoning
The Court held that the Petitioner was not given an opportunity to be heard and cross-examine the complainant, which violated the principles of procedural fairness as outlined in the Fair Administrative Action Act.
Outcome
Affirmed the Petition
Authorities cited
Legislation (1)
- Fair Administrative Action Act No. 4 of 2015
Cases cited (2)
- Kenya Revenue Authority vs. Menginya Salim Murgani Civil Appeal No. 108 of 2009
- R vs. Aga Khan Education Services ex parte Ali Sele & 20 Others High Court
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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