[2016] KEHC 7694 (KLR)
The court found that the applicant had not satisfied the requirements for the grant of interim injunctive relief. Specifically, the applicant failed to demonstrate a prima facie case with a probability of success or that he would suffer irreparable harm that could not be compensated by an award of damages. The court...
Source-derived case information.
- Citation
- [2016] KEHC 7694 (KLR)
- Parties
- Applicant: Eric Mong’are Ogaro; Respondent: Catholic University of Eastern Africa (CUEA); Respondent: Regina Pacis University College
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 115 of 2016
- Procedural Posture
- Constitutional Petition / Ruling on Interlocutory Application
- Outcome
- application dismissed
- Judges
- I Lenaola
- Legal Topics
- Right to Education, Interim Injunctions, University Graduation, Fair Administrative Action
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eric Mong’are Ogaro
Applicant
Catholic University of Eastern Africa (CUEA)
Respondent
Regina Pacis University College
Respondent
Procedural Posture
Constitutional Petition / Ruling on Interlocutory Application
Legal Issues
- 1 Whether the petitioner is entitled to interim injunctive relief restraining the respondents from excluding his name from the graduation list pending determination of the petition.
- 2 Whether the application meets the threshold for grant of interim injunctions in constitutional petitions.
Ratio Decidendi
The court found that the applicant had not satisfied the requirements for the grant of interim injunctive relief. Specifically, the applicant failed to demonstrate a prima facie case with a probability of success or that he would suffer irreparable harm that could not be compensated by an award of damages. The court exercised its discretion under Article 159 of the Constitution and the relevant procedural rules to dismiss the application, holding that the interests of justice did not warrant the grant of the orders sought at the interlocutory stage. Costs were ordered to abide the outcome of the main petition.
Court Disposition
application dismissed
Orders
- The application dated 29th March 2016 is dismissed.
- Costs shall abide the Petition.
Full Case Text
Judgment text and source record
37 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO.115 OF 2016
BETWEEN
ERIC MONG’ARE OGARO………………………………...………..…PETITIONER
AND
CATHOLIC UNIVERSITY OF EASTERN AFRICA (CUEA)....…1ST RESPONDENT
REGINA PACIS UNIVERSITY COLLEGE………………………2ND RESPONDENT
RULING
The Application before me is dated 29th March 2016. It seeks the following orders:
“1) That this Honourable Court be pleased to certify this matter urgent and fit to be heard exparte in the first instance.
2) That the Honourable Court be pleased to grant interim injunctive order restraining the Respondents herein jointly and severally, their agents, representatives or their functionaries by whatever name called from excluding or declining to include the Petitioner’s name into the list of students scheduled to graduate in the month of May, 2016 at the Catholic University of East Africa (CUEA) pending herein and determination of the instant application.
3) That Honourable Court be pleased to grant interim injunctive order restraining the Respondents herein jointly and severally, their agents, representatives or their functionaries by whatever name called from excluding or declining to include the Petitioner’s name into the list of students scheduled to graduate in the month of May, 2016 at the Catholic University of East Africa (CUEA) pending herein and determination of the Petition herein.
4) That cost of this application be provided for.”
After Parties filed their respective Submissions, it was agreed and I so ordered at the hearing on 20th May 2016, that a Ruling would be delivered on 25th May 2016 in view of the fact that the first 2016 graduation ceremony for the Catholic University of Eastern Africa would be held on 26th May 2016. It was also agreed that the reasons for the Ruling would be delivered at a later date.
Having read the said Application and Submissions and having reflected on the same, I am not inclined to grant Prayer 3 thereof. Reasons shall be given on 22nd July 2016.
For avoidance of doubt, I am making this Ruling under Article 159 of the Constitutionand Rules 4, 5and8 of the Constitutionof Kenya (Protection of Rights and Fundamental Freedom) Practice and Procedure Rules 2013.
The Application dated 29th March 2016 is consequently dismissed. Costs shall bide the Petition.
Orders accordingly.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 25TH DAY OF MAY, 2016.
ISAAC LENAOLA
JUDGE
In the presence of:
Muriuki – Court clerk
Mr. Nyanguki holding brief for Mr. Mose for Petitioner
Mr. Onyancha for Respondent
ISAAC LENAOLA
JUDGE
Order
Ruling duly delivered.
ISAAC LENAOLA
JUDGE
Further Order
Reasons for the Ruling to be given on 22/7/2016.
ISAAC LENAOLA
JUDGE