[2021] KEELC 4426 (KLR)
The court determined that the petition, which raises constitutional issues regarding the right to information and the release of academic transcripts, falls within the jurisdiction of the High Court as stipulated in Article 165(3) of the Constitution. The Environment and Land Court lacks jurisdiction to hear and...
Source-derived case information.
- Citation
- [2021] KEELC 4426 (KLR)
- Parties
- Applicant: Macyline Achieng; Respondent: Rongo University; Respondent: Prof. Samuel Gudu; Respondent: Dr. Jonathan Mulwa Mwau; Respondent: Deborah Muchilwa; Respondent: The Hon. Attorney General
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Migori
- Jurisdiction
- Kenya
- Case Number
- ? E001 of 2020
- Procedural Posture
- Constitutional Petition / Ruling on Transfer of Petition to High Court
- Outcome
- petition transferred to the high court at migori for hearing and determination
- Judges
- GMA Ongondo
- Legal Topics
- Right to Information, Mandamus, Jurisdiction, Academic Records
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Macyline Achieng
Applicant
Rongo University
Respondent
Prof. Samuel Gudu
Respondent
Dr. Jonathan Mulwa Mwau
Respondent
Deborah Muchilwa
Respondent
The Hon. Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Transfer of Petition to High Court
Legal Issues
- 1 Whether the respondents' refusal to provide the petitioner with her academic transcript and examination results violates Article 46 of the Constitution of Kenya.
- 2 Whether the Environment and Land Court has jurisdiction to hear and determine the petition.
- 3 Whether the petition should be transferred to the High Court for determination.
Ratio Decidendi
The court determined that the petition, which raises constitutional issues regarding the right to information and the release of academic transcripts, falls within the jurisdiction of the High Court as stipulated in Article 165(3) of the Constitution. The Environment and Land Court lacks jurisdiction to hear and determine such constitutional matters. To ensure the ends of justice and proper adjudication, the court ordered the transfer of the petition to the High Court at Migori for hearing and determination, referencing both constitutional and statutory provisions as well as relevant Supreme Court authority.
Court Disposition
petition transferred to the high court at migori for hearing and determination
Orders
- The petition is transferred to the High Court of Kenya at Migori for hearing and determination.
- Mention before the Honourable High Court Judge at Migori for directions on 2nd March 2021.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT OF KENYA AT MIGORI
ELC PET CASE NO. E001 OF 2020
MACYLINE ACHIENG.........................................................................PETITIONER
Versus
RONGO UNIVERSITY...................................................................1ST RESPONDENT
PROF. SAMUEL GUDU THE VICE-
CHANCELLOR RONGO UNIVERSITY.....................................2ND RESPONDENT
DR. JONATHAN MULWA MWAU...............................................3RD RESPONDENT
DEBORAH MUCHILWA...............................................................4TH RESPONDENT
THE HON. ATTORNEY GENERAL ...........................................5TH RESPONDENT
RULING
1. An application by way of Notice of motion dated 3rd February 2021 and duly filed in this court on 9th February 2021 under certificate of urgency, has been drawn to my attention for hearing and determination. I note the Constitutional provisions under which it has been generated and the orders sought therein.
2. It is further noted that in the petition evenly dated and simultaneously filed with the application, the petitioner/applicant, MACYLINE ACHIENG is seeking reliefs, inter alia;
a) A declaration that the actions of the 1st ,2nd, 3rd and 4th respondents’ actions of refusing to avail the Petitioner information necessary for petitioner to gain full benefit from the services offered to the petitioner by the 1st respondent including information on her final year examination results violate Article 46 of the Constitution of Kenya and is an infringement of the protection of the petitioner.
b) An order of mandamus does issue compelling the respondents to issue the petitioner with her academic transcript for her final year examinations.
c) General and exemplary damages. (Emphasis laid)
3. Quite clearly, the instant matter falls within the jurisdiction of the High Court of Kenya as stipulated in Article 165 (3) (a) and (b) of the Constitution of Kenya,2010; see also the Supreme Court of Kenya decision in Republic =vs= Karisa Chengo and others (2017) eKLR.
4. Wherefore, the present petition be and is hereby transferred to the High Court of Kenya at Migori for hearing and determination to meet the ends of justice as envisioned under sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya. Mention before the Honourable High Court Judge at Migori for directions on 2nd March 2021.
Orders accordingly.
DELIVERED, DATEDandSIGNED at MIGORI this 10th day of February, 2021
G.M.A. ONGONDO
JUDGE
In presence of ;-
Tom Maurice - Court assistant