[2012] KEHC 5543 (KLR)

[2012] KEHC 5543 (KLR)

The court found that the Engineers Registration Board (ERB) acted ultra vires by purporting to accredit or approve engineering degree courses offered by public universities, as the Engineers Registration Act (Cap 530) did not confer such power. The ERB's statutory mandate was limited to registering engineers who hold degrees from universities recognized as furnishing sufficient evidence of academic training, with 'recognition' meaning confirmation that the degree was lawfully issued, not an in-depth accreditation process. The universities lawfully awarded degrees under their respective statutes, and the petitioners, having graduated from such institutions, were entitled to be considered...

Citation
[2012] KEHC 5543 (KLR)
Parties
Petitioner: Jesse Waweru Wahome; Petitioner: Geoffrey Nangillah Makanga; Petitioner: Maurice Otieno Oloo; Petitioner: Martin Wanderi; Petitioner: Sutter Joel; Petitioner: Mark Kamau; Petitioner: Michael Outa; Petitioner: Samuel Mukabi; Petitioner: Maureen Akinyi; Petitioner: John Mwenda; Petitioner: Fred Wekesa; Petitioner: David Owino; Petitioner: Mercy Wang'alia; Petitioner: Denis Osewe; Petitioner: Brian Mabakuk; Respondent: Kenya Engineers Registration Board; Respondent: Egerton University; Respondent: Masinde Muliro University of Science and Technology; Respondent: Moi University; Respondent: Ministry of Higher Education, Science and Technology; Respondent: Commission for Higher Education
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
15 October 2012
Case Number
Petition 149 & 207 of 2011
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed in part; ERB found to have violated petitioners' rights; mandamus issued; damages awarded; petitions against universities, Ministry, and CHE dismissed.
Legal Topics
Right to Fair Administrative Action, University Degree Recognition, Professional Registration, Human Dignity, Legitimate Expectation, Youth Rights
Source Language
English
Constitutional Law Administrative Law Civil Procedure Right to Fair Administrative Action University Degree Recognition Professional Registration Human Dignity Legitimate Expectation +1 more

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Parties

Jesse Waweru Wahome

Petitioner

Geoffrey Nangillah Makanga

Petitioner

Maurice Otieno Oloo

Petitioner

Martin Wanderi

Petitioner

Sutter Joel

Petitioner

Mark Kamau

Petitioner

Michael Outa

Petitioner

Samuel Mukabi

Petitioner

Maureen Akinyi

Petitioner

John Mwenda

Petitioner

Fred Wekesa

Petitioner

David Owino

Petitioner

Mercy Wang'alia

Petitioner

Denis Osewe

Petitioner

Brian Mabakuk

Petitioner

Kenya Engineers Registration Board

Respondent

Egerton University

Respondent

Masinde Muliro University of Science and Technology

Respondent

Moi University

Respondent

Ministry of Higher Education, Science and Technology

Respondent

Commission for Higher Education

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the Engineers Registration Board (ERB) has the statutory mandate to accredit or approve engineering degree courses offered by public universities in Kenya.
  2. 2 Whether the ERB's refusal to register graduates from Egerton University and Masinde Muliro University of Science and Technology as engineers violates their constitutional rights, including the right to fair administrative action and human dignity.
  3. 3 Whether the universities, Ministry, or Commission for Higher Education bear responsibility for the petitioners' predicament.

Ratio Decidendi

The court found that the Engineers Registration Board (ERB) acted ultra vires by purporting to accredit or approve engineering degree courses offered by public universities, as the Engineers Registration Act (Cap 530) did not confer such power. The ERB's statutory mandate was limited to registering engineers who hold degrees from universities recognized as furnishing sufficient evidence of academic training, with 'recognition' meaning confirmation that the degree was lawfully issued, not an in-depth accreditation process. The universities lawfully awarded degrees under their respective statutes, and the petitioners, having graduated from such institutions, were entitled to be considered...

Court Disposition

Petition allowed in part; ERB found to have violated petitioners' rights; mandamus issued; damages awarded; petitions against universities, Ministry, and CHE dismissed.

Orders

  • Petitions against Moi University, Egerton University, Masinde Muliro University of Science and Technology, and the Commission for Higher Education dismissed with no order as to costs.
  • Declaration that the ERB's power to register graduate engineers does not include accrediting or approving engineering courses offered by public universities.