Leon Kamau Kimani v Kenya School of Law; Council of Legal Education (Interested Party) [2021] KEHC 708 (KLR)
- Court
- High Court of Kenya
- Case number
- 708
- Citation
- [2021] KEHC 708 (KLR)
- Decided
- 16 December 2021
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent's Notice of Preliminary ObjectionCoramNyariangi
Holding
This court has jurisdiction to entertain the applicant's application and to hear the Legal Education Appeals Tribunal Order.
Facts
The applicant was denied admission to the Advocate Training Programme for the academic year 2021/2022 by the respondent. He took his case to the Legal Education Appeal Tribunal, which entered judgment in his favor.
Issues
- Whether this court has jurisdiction to execute the Legal Education Appeals Tribunal Order
- Whether the applicant is entitled to the relief sought
Reasoning
The court's jurisdiction is grounded in Article 165(3) of the Constitution, which grants the High Court unlimited original jurisdiction in civil matters, including the determination of the question whether a right or fundamental freedom has been denied, violated, infringed or threatened.
Outcome
The application is granted.
Orders
- The Legal Education Appeal Tribunal’s judgment be admitted as a judgment of this court
- An order of mandamus be issued against the respondent compelling it to comply with the Legal Education Appeal Tribunal’s judgment and to immediately admit the applicant to the Advocate Training Programme 2021/2022
- Contempt of court proceedings be allowed against the Director of the Kenya School of Law for a warrant of arrest against him, to personally attend court and to be committed to civil jail for contempt of court
- The respondent do pay the cost of this application
Remedies
- Admission to the Advocate Training Programme 2021/2022
- Contempt of court proceedings against the Director of the Kenya School of Law
Authorities cited
Legislation (4)
- Civil Procedure Act
- Legal Education Act No. 27 of 2012
- Kenya School of Law Act No. 26 of 2012
- Constitution of Kenya
Cases cited (3)
- Samuel Kamau Macharia (supra)
- The Matter of the Interim Independent Electoral Commission Constitutional Application No. 2 of 2011
- Owners of Motor Vessel 'Lillian S' v. Caltex Oil (Kenya) Limited
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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