[2024] KEHC 3100 (KLR)
The court found that there was no urgency demonstrated in the application to warrant certification as urgent. Furthermore, the court held that the petition, which concerns the appointment of the Vice Chancellor of Kaimosi Friends University, should have been filed in the High Court at Vihiga, where the university is...
Source-derived case information.
- Citation
- [2024] KEHC 3100 (KLR)
- Parties
- Applicant: Stephen Chahasi Lumwaji; Respondent: Hon Dr Ezekiel Machogu; Respondent: Public Service Commission; Respondent: Kaimosi University Council; Interested Party: Prof Ogodo Manyasi Jacob Nandi; Interested Party: Prof Peter N Mwita
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E003 of 2024
- Procedural Posture
- Constitutional Petition / Ruling on Urgency and Jurisdiction/transfer
- Outcome
- Petition and application for conservatory orders not entertained; file transferred to Vihiga High Court; file at Kisumu closed.
- Judges
- RE Aburili
- Legal Topics
- Jurisdiction of High Court, Transfer of Petitions, Appointment of Vice Chancellor
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Chahasi Lumwaji
Applicant
Hon Dr Ezekiel Machogu
Respondent
Public Service Commission
Respondent
Kaimosi University Council
Respondent
Prof Ogodo Manyasi Jacob Nandi
Interested Party
Prof Peter N Mwita
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Urgency and Jurisdiction/transfer
Legal Issues
- 1 Whether the application was urgent and merited certification as such.
- 2 Whether the Kisumu High Court had jurisdiction to entertain the petition concerning Kaimosi Friends University, domiciled in Vihiga County.
- 3 Whether the petition and application for conservatory orders should be entertained or transferred.
Ratio Decidendi
The court found that there was no urgency demonstrated in the application to warrant certification as urgent. Furthermore, the court held that the petition, which concerns the appointment of the Vice Chancellor of Kaimosi Friends University, should have been filed in the High Court at Vihiga, where the university is domiciled, rather than in Kisumu. As a result, the Kisumu High Court declined to entertain both the petition and the application for conservatory orders, and ordered the transfer of the file to the Vihiga High Court for further directions, hearing, and determination. The file at Kisumu was closed accordingly.
Court Disposition
Petition and application for conservatory orders not entertained; file transferred to Vihiga High Court; file at Kisumu closed.
Orders
- The application is not certified as urgent.
- The Kisumu High Court declines to entertain the petition and application for conservatory orders.
Full Case Text
Judgment text and source record
32 paragraphs
Lumwaji v Machogu & 2 others; Nandi & another (Interested Parties) (Constitutional Petition E003 of 2024) [2024] KEHC 3100 (KLR) (19 March 2024) (Ruling)
Neutral citation: [2024] KEHC 3100 (KLR)
Republic of Kenya
In the High Court at Kisumu
Constitutional Petition E003 of 2024
RE Aburili, J
March 19, 2024
Between
Stephen Chahasi Lumwaji
Petitioner
and
Hon Dr Ezekiel Machogu
1st Respondent
Public Service Commission
2nd Respondent
Kaimosi University Council
3rd Respondent
and
Prof Ogodo Manyasi Jacob Nandi
Interested Party
Prof Peter N Mwita
Interested Party
Ruling
1. I have considered the application dated 19th March 2024, the grounds, supporting affidavit and annextures. The application is filed under certificate of urgency.
2. I find no urgency involved. I decline to certify the same as urgent.
3. In addition, I have perused the Petition as a whole. I observe that the Petitioner/Applicant’s lamentations concern the appointment of Vice Chancellor for Kaimosi Friends University.
4. The University is domiciled in Vihiga County. There is a High Court in Vihiga. I find no reason why this petition was filed in Kisumu High Court.
5. I decline to entertain the Petition and the application for conservatory orders.
6. I direct the Deputy Registrar to send this file to Vihiga High Court by way of transfer as herein ordered, for further directions, hearing and final determination.
7. From Kisumu High Court, the file is closed.
8. I so direct.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 19TH DAY OF MARCH, 2024R. E. ABURILIJUDGE