[2013] KEHC 6915 (KLR)

[2013] KEHC 6915 (KLR)

The court found that while the Petitioner was given a hearing, the disciplinary process conducted by the 1st Respondent was not fair or impartial. The committee's actions were tainted by bias, lack of credible evidence, and disregard for the principles of natural justice. The expulsion was based on unsubstantiated allegations and hearsay, and the process appeared to be a fishing expedition to justify an initial suspension. The court held that the right to fair administrative action under Article 47 of the Constitution was violated, as the process was neither impartial nor procedurally fair. The court further held that the right to a fair hearing was infringed due to the committee's bias....

Citation
[2013] KEHC 6915 (KLR)
Parties
Applicant: Mandeep Chauhan; Respondent: Kenyatta National Hospital; Respondent: University of Nairobi; Respondent: Hon. Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
18 December 2013
Case Number
Constitutional Petition 590 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition allowed. Declaration of violation of right to fair administrative action. Certiorari granted. Petitioner to complete attachment at KNH. Costs to Petitioner against 1st Respondent.
Judges
I Lenaola
Legal Topics
Fair Administrative Action, Right to Fair Hearing, Natural Justice, Judicial Review, University Discipline, Bias and Impartiality
Source Language
English
Constitutional Law Administrative Law Fair Administrative Action Right to Fair Hearing Natural Justice Judicial Review University Discipline Bias and Impartiality

Case Brief

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Parties

Mandeep Chauhan

Applicant

Kenyatta National Hospital

Respondent

University of Nairobi

Respondent

Hon. Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the 1st Respondent violated the Petitioner's right to fair administrative action under Article 47 of the Constitution.
  2. 2 Whether the disciplinary process and expulsion of the Petitioner from Kenyatta National Hospital was procedurally fair and impartial.
  3. 3 Whether the Petitioner was denied a fair hearing and whether the disciplinary committee was biased.

Ratio Decidendi

The court found that while the Petitioner was given a hearing, the disciplinary process conducted by the 1st Respondent was not fair or impartial. The committee's actions were tainted by bias, lack of credible evidence, and disregard for the principles of natural justice. The expulsion was based on unsubstantiated allegations and hearsay, and the process appeared to be a fishing expedition to justify an initial suspension. The court held that the right to fair administrative action under Article 47 of the Constitution was violated, as the process was neither impartial nor procedurally fair. The court further held that the right to a fair hearing was infringed due to the committee's bias....

Court Disposition

Petition allowed. Declaration of violation of right to fair administrative action. Certiorari granted. Petitioner to complete attachment at KNH. Costs to Petitioner against 1st Respondent.

Orders

  • A declaration that the Petitioner's right to fair administrative action under Article 47 of the Constitution was violated by the 1st Respondent.
  • An order of certiorari quashing the proceedings and decision of the Kenyatta National Hospital's ENT Departmental Disciplinary Committee of 24th February 2012.