[2023] KELEAT 188 (KLR)
The Tribunal found that the Kenya School of Law's decision to decline admission to the Advocates Training Programme for Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko was lawful and in accordance with the applicable statutory and regulatory framework. The appellants did not demonstrate that the respondent acted...
Source-derived case information.
- Citation
- [2023] KELEAT 188 (KLR)
- Parties
- Appellant: Lilian Achieng Gogo; Respondent: Kenya School of Law
- Court
- Legal Education Appeals Tribunal
- Jurisdiction
- Kenya
- Case Number
- Appeal E001 of 2023
- Procedural Posture
- Civil Appeal / Order on Appeal
- Outcome
- Appeal dismissed as to Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko; allowed as to Linet Njeri Kuria and Mbae Jacob Meeme.
- Judges
- R.N Mbanya, R.W Kigamwa, EO Arwa, SM Gitonga
- Legal Topics
- Admission to Professional Training, Administrative Decisions, Right to Education
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lilian Achieng Gogo
Appellant
Kenya School of Law
Respondent
Procedural Posture
Civil Appeal / Order on Appeal
Legal Issues
- 1 Whether the Kenya School of Law lawfully declined admission to the Advocates Training Programme for the appellants.
- 2 Whether the decisions communicated by the Director of the Kenya School of Law on January 4, 2023, were valid and justified.
- 3 Whether the appellants are entitled to admission to the Advocates Training Programme.
Ratio Decidendi
The Tribunal found that the Kenya School of Law's decision to decline admission to the Advocates Training Programme for Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko was lawful and in accordance with the applicable statutory and regulatory framework. The appellants did not demonstrate that the respondent acted outside its mandate or violated principles of fairness or legality. Conversely, the Tribunal determined that Linet Njeri Kuria and Mbae Jacob Meeme were entitled to admission, and the respondent's decision in their cases was quashed. Each party was ordered to bear its own costs, and the right of appeal to the High Court on a point of law was preserved.
Court Disposition
Appeal dismissed as to Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko; allowed as to Linet Njeri Kuria and Mbae Jacob Meeme.
Orders
- The appeals by Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko are dismissed.
- The appeals by Linet Njeri Kuria and Mbae Jacob Meeme are allowed.
Full Case Text
Judgment text and source record
17 paragraphs
Gogo v Kenya School of Law (Appeal E001 of 2023) [2023] KELEAT 188 (KLR) (Civ) (10 March 2023) (Order)
Neutral citation: [2023] KELEAT 188 (KLR)
Republic of Kenya
In the Legal Education Appeals Tribunal
Civil
Appeal E001 of 2023
R.N Mbanya, Chair, R.W Kigamwa, E.Arwa & S.G. Mureithi, Members
March 10, 2023
Between
Lilian Achieng Gogo
Appellant
and
Kenya School of Law
Respondent
Order
1. Upon the appeal coming up for hearing before the Hon Rose Njoroge Mbanya (Mrs), Chairperson; and Raphael Wambua Kigamwa (Mr), Eunice Arwa (Mrs), and Stephen Gitonga (Mr), and upon coming up for the delivery of judgment on the March 10, 2023:a)That the appeals by Dr Lilian Achieng Gogo and Shadrack Mutisya Kioko against the decisions of the respondent declining admission to the Advocates Training Programme during the 2023/24 academic years as communicated by the respondent by Dr Henry K Mutai, Director of the Kenya School of Law in the decision dated the January 4, 2023 are dismissed.b)That the appeals by Linet Njeri Kuria and Mbae Jacob Meeme are allowed and the decisions dated the January 4, 2023 as communicated by Dr Henry K Mutai, Director of the Kenya School of Law declining admission to the Advocates Training Programme are quashed and set aside.c)That an order is issued directing the respondent to forthwith admit the appellants Linet Njeri Kuria and Mbae Jacob Meeme to the Advocates Training Programme.d)That each party to bear its own costs of the appeal.e)That any party aggrieved has the liberty to appeal to the High Court under section 38 (1) of the Legal Education Act, 2012 on a point of law.
GIVEN UNDER THE HAND AND SEAL OF THE TRIBUNAL AT NAIROBI THIS 10TH DAY OF MARCH, 2023. ISSUED AT NAIROBI 21ST DAY OF MARCH 2023. REGISTRARLEGAL EDUCATION APPEALS TRIBUNALSIGNED BY: ROSE WAITHERA NJOROGE (CHAIRPERSON)THE JUDICIARY OF KENYA, LEGAL EDUCATION APPEALS TRIBUNAL LEGAL EDUCATION APPEALS TRIBUNAL