[2017] KEHC 9678 (KLR)

[2017] KEHC 9678 (KLR)

The court found that the issues raised in the present petition are substantially the same as those determined in the previous High Court and Court of Appeal proceedings, all relating to the withdrawal of the petitioner.s PhD degree. The court held that the doctrine of res judicata applies, as the cause of action,...

Source-derived case information.

Citation
[2017] KEHC 9678 (KLR)
Parties
Petitioner: Dr. Elena D. Korir; Respondent: Kenyatta University; Respondent: The Senate, Kenyatta University; Respondent: The Vice-Chancellor, Kenyatta University; Respondent: The Deputy Vice-Chancellor (Academic); Respondent: The Deputy Vice-Chancellor (Administration)
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Petition 34 of 2017
Procedural Posture
Constitutional Petition / Ruling on Preliminary Objection
Outcome
petition dismissed on grounds of res judicata
Judges
JM Mativo
Legal Topics
Res Judicata, Finality of Judgments, Constitutional Rights Enforcement, University Degree Withdrawal
Source Language
en
Constitutional Law Civil Procedure Res Judicata Finality of Judgments Constitutional Rights Enforcement University Degree Withdrawal

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Summary, issues, holding and outcome

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Parties

Dr. Elena D. Korir

Petitioner

Kenyatta University

Respondent

The Senate, Kenyatta University

Respondent

The Vice-Chancellor, Kenyatta University

Respondent

The Deputy Vice-Chancellor (Academic)

Respondent

The Deputy Vice-Chancellor (Administration)

Respondent

Procedural Posture

Constitutional Petition / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the doctrine of res judicata applies to bar the present petition regarding the withdrawal of the petitioner.s PhD degree.
  2. 2 Whether the issues raised in the petition were conclusively determined in previous proceedings between the same parties.
  3. 3 Whether the addition of new parties or claims of constitutional violations circumvents the application of res judicata.

Ratio Decidendi

The court found that the issues raised in the present petition are substantially the same as those determined in the previous High Court and Court of Appeal proceedings, all relating to the withdrawal of the petitioner.s PhD degree. The court held that the doctrine of res judicata applies, as the cause of action, parties, and relief sought are the same, and any alleged constitutional violations or statutory breaches could and should have been raised in the earlier proceedings. The mere addition of parties or reframing of the complaint as a constitutional petition does not circumvent the application of res judicata. The court concluded that allowing the petition would amount to...

Court Disposition

petition dismissed on grounds of res judicata

Orders

  • The petition is dismissed.
  • No orders as to costs.