[2023] KEHC 2817 (KLR)
The court found no evidence of violation of the petitioners' constitutional rights by the respondent. The respondent was acting within its mandate to enforce deadlines for exam fee payments, and any missed exams due to late payment are deferred, allowing affected students another opportunity. The court held that the...
Source-derived case information.
- Citation
- [2023] KEHC 2817 (KLR)
- Parties
- Applicant: Goshen Medical And Technical College; Applicant: Dr Beatrice Gichuru; Respondent: National Industrial Training Authority
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition E052 of 2023
- Procedural Posture
- Constitutional Petition / Ruling on Notice of Motion for Conservatory Orders
- Outcome
- Application for conservatory orders declined. Directions issued for further pleadings and mention.
- Judges
- HI Ong'udi
- Legal Topics
- Right to Education, Administrative Action, Conservatory Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Goshen Medical And Technical College
Applicant
Dr Beatrice Gichuru
Applicant
National Industrial Training Authority
Respondent
Procedural Posture
Constitutional Petition / Ruling on Notice of Motion for Conservatory Orders
Legal Issues
- 1 Whether the respondent's actions in enforcing exam fee deadlines violated the petitioners' constitutional rights.
- 2 Whether the petitioners are entitled to conservatory orders restraining the respondent from enforcing deadlines for exam fees.
Ratio Decidendi
The court found no evidence of violation of the petitioners' constitutional rights by the respondent. The respondent was acting within its mandate to enforce deadlines for exam fee payments, and any missed exams due to late payment are deferred, allowing affected students another opportunity. The court held that the issues raised are administrative and should be resolved between the institutions and the respondent. There was no basis for granting conservatory orders as the petitioners failed to demonstrate a prima facie case of rights violation. The application for conservatory orders was therefore declined.
Court Disposition
Application for conservatory orders declined. Directions issued for further pleadings and mention.
Orders
- The application for conservatory orders dated 29/3/2023 is declined.
- The respondent is directed to file and serve its response to the petition within 10 days.
Full Case Text
Judgment text and source record
20 paragraphs
Goshen Medical and Technical College & another v National Industrial Training Authority (Petition E052 of 2023) [2023] KEHC 2817 (KLR) (Constitutional and Human Rights) (31 March 2023) (Ruling)
Neutral citation: [2023] KEHC 2817 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Constitutional and Human Rights
Petition E052 of 2023
HI Ong'udi, J
March 31, 2023
Between
Goshen Medical And Technical College
1st Petitioner
Dr Beatrice Gichuru
2nd Petitioner
and
National Industrial Training Authority
Respondent
Ruling
1. Upon reading the application dated March 29, 2023 this court issued directions for service of the same plus summons for the respondent’s Director General to come and shed some light on what was happening in this matter plus others filed before this court.
2. Though the Director General did not show up M/s Caroline Kibiwott counsel for the respondent and who is familiar with the matter herein appeared and gave a detailed explanation of the same. After listening to the parties in all the files the following comes out clearly;i. Due to the nature of the desperate girls the petitioners here deal with they are not able to comply with the deadlines given by the respondent.ii. The petitioners have in some instances failed to pay exam fees within the timelines because as they say they rely on the “Agents” to pay the fees for the students.iii. This is a matter which should be sorted out by the Institutions and the respondent. The respondent is simply executing its mandate and if there is any of its staff involved in malpractices they should be reported to the relevant authorities.iv. I do not see any violation of the petitioners’ rights to make this court issue the conservatory orders sought in the notices of motion. Exams are deferred on a monthly basis and anybody who has missed one due to late payment of exam fees is always accorded a chance to do the exam in the next cohort.v. For the above reasons I decline to issue any of the orders sought in the notice of motion dated 29/3/2023. vi. The respondent is directed to file and serve its response to the petition within 10 days.vii. The petitioners are granted leave to file and serve a further affidavit within 7 days upon service of the response.viii. Mention on 3/5/2023 before court 3 for directions on the hearing.ix. This ruling applies to Petition E097/023 & E098/2023.
DELIVERED VIRTUALLY, DATED AND SIGNED THIS 31ST DAY OF MARCH, 2023 IN OPEN COURT AT MILIMANI, NAIROBI.H. I. Ong’udiJudge of the High CourtDelivered virtually in the presence of:Cheruto - Court AssistantPetitionersPetitioner in Pet E097/2023Petitioner in Pet E098/2023M/s Caroline Kibiwott for Respondent.Court:This Ruling applies to Petitions No. E097/2023 & E098/2023.