John (Suing on his own behalf and on behalf of 190 Bachelor of Technology in Land Surveying Degree Holders from Technical University of Kenya) v Land Surveyors Board & 3 others (Judicial Review E392 of 2025) [2026] KEHC 5456 (KLR) (Judicial Review) (29 April 2026) (Judgment)

John (Suing on his own behalf and on behalf of 190 Bachelor of Technology in Land Surveying Degree Holders from Technical University of Kenya) v Land Surveyors Board & 3 others (Judicial Review E392 of 2025) [2026] KEHC 5456 (KLR) (Judicial Review) (29 April 2026) (Judgment)

The applicant failed to demonstrate that he met the statutory requirements under sections 11(b) and 12(1)(c) of the Survey Act for examination and licensing as a surveyor. The degree certificate exhibited was for Bachelor of Technology in Surveying Technology, not Land Surveying, and no evidence was provided regarding the curriculum or practical experience. The respondent acted within its statutory mandate and did not usurp accreditation powers. Judicial review reliefs were not substantiated.

Citation
[2026] KEHC 5456 (KLR)
Parties
Applicant: Fredrick Gituma John; Respondent: Land Surveyors Board; 1st Interested Party: Technical University of Kenya; 2nd Interested Party: Commission for Higher Education; 3rd Interested Party: Silas Kipkazi Tumo
Court
High Court
Jurisdiction
Kenya
Judgment Date
29 April 2026
Case Number
Judicial Review E392 of 2025
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application dismissed
Legal Topics
Judicial Review, Licensing of Surveyors, Accreditation of Degrees, Fair Administrative Action, Statutory Interpretation
Source Language
English
Administrative Law Education Law Professional Regulation Judicial Review Licensing of Surveyors Accreditation of Degrees Fair Administrative Action Statutory Interpretation

Case Brief

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Parties

Fredrick Gituma John

Applicant

Land Surveyors Board

Respondent

Technical University of Kenya

1st Interested Party

Commission for Higher Education

2nd Interested Party

Silas Kipkazi Tumo

3rd Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether the respondent's decision to bar Bachelor of Technology in Land Surveying degree holders from sitting the Land Law Examination and licensing was lawful
  2. 2 Whether the respondent had jurisdiction to accredit university programmes for licensing purposes
  3. 3 Whether the applicant met the statutory requirements for examination and licensing under the Survey Act

Ratio Decidendi

The applicant failed to demonstrate that he met the statutory requirements under sections 11(b) and 12(1)(c) of the Survey Act for examination and licensing as a surveyor. The degree certificate exhibited was for Bachelor of Technology in Surveying Technology, not Land Surveying, and no evidence was provided regarding the curriculum or practical experience. The respondent acted within its statutory mandate and did not usurp accreditation powers. Judicial review reliefs were not substantiated.

Court Disposition

Application dismissed

Orders

  • Motion dated 9th December 2025 dismissed
  • No order as to costs