[2014] KEHC 7350 (KLR)
The court found that the subject matter of the application had been overtaken by events, as the applicants had already sat for and passed the pre-bar examination. Under Schedule 2 of the Kenya School of Law Act, 2012, the applicants are entitled to apply for and be considered for admission to the Kenya School of...
Source-derived case information.
- Citation
- [2014] KEHC 7350 (KLR)
- Parties
- Applicant: Republic; Respondent: Council for Legal Education; Respondent: Kenya School of Law; Respondent: The Director, Kenya School of Law; Respondent: Attorney General; Applicant: Gregory Odhiambo Ndege; Applicant: Naanyu Letipila; Applicant: Duncan Taalam Kimutai; Applicant: Felix Momanyi Manoti
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Miscellaneous Application 385 of 2013
- Procedural Posture
- Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
- Outcome
- dismissed
- Judges
- DAS Majanja
- Legal Topics
- Judicial Review, Admission to Kenya School of Law, Pre Bar Examination, Mandamus, Certiorari
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Council for Legal Education
Respondent
Kenya School of Law
Respondent
The Director, Kenya School of Law
Respondent
Attorney General
Respondent
Gregory Odhiambo Ndege
Applicant
Naanyu Letipila
Applicant
Duncan Taalam Kimutai
Applicant
Felix Momanyi Manoti
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Notice of Motion for Judicial Review
Legal Issues
- 1 Whether the decision of the 1st and 2nd respondents denying the applicants direct admission to the Kenya School of Law or barring them from writing the pre-bar examination should be quashed.
- 2 Whether the application for judicial review is spent after the applicants sat and passed the pre-bar examination.
Ratio Decidendi
The court found that the subject matter of the application had been overtaken by events, as the applicants had already sat for and passed the pre-bar examination. Under Schedule 2 of the Kenya School of Law Act, 2012, the applicants are entitled to apply for and be considered for admission to the Kenya School of Law. The consideration and decision regarding their admission is a separate matter and constitutes a separate cause of action. Therefore, the Notice of Motion lacked a substratum and was dismissed.
Court Disposition
dismissed
Orders
- The Notice of Motion dated 11th December 2013 is dismissed.
- There is no order as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
JUDICIAL REVIEW DIVISION
MISCELLANEOUS CIVIL APPL. NO. 385 OF 2013
BETWEEN
REPUBLIC ............………………………….…………………….. APPLICANT
AND
COUNCIL FOR LEGAL EDUCATION ........................... 1ST RESPONDENT
KENYA SCHOOL OF LAW …………………………….… 2ND RESPONDENT
THE DIRECTOR, KENYA
SCHOOL OF LAW …………………………………..……. 3RD RESPONDENT
ATTORNEY GENERAL ………………………………….. 4TH RESPONDENT
EXPARTE
GREGORY ODHIAMBO NDEGE
NAANYU LETIPILA
DUNCAN TAALAM KIMUTAI
FELIX MOMANYI MANOTI
RULING
The Notice of Motion dated 11th November 2013 sought orders of judicial review to quash the decision of the 1st and 2nd respondents denying the applicants direct admission to the Kenya School of Law or barring them from writing the pre-bar examination.
When the matter came up for directions, counsel for the applicants admitted that the applicants has sat the pre-bar examination and passed. He asks the court to adjourn the matter pending further action by the 1st and 2nd respondents regarding admission.
Counsel for the 1st and 2nd respondents submits that the matter is now spent as the basis for the grant of leave and the Motion has been dealt with and the issue of admission of the applicants is a separate consideration under section 16 and Schedule 2 of the Kenya School of Law Act, 2012.
I am satisfied that the subject matter of the application has been dealt with by the 1st and 2nd respondent as the applicants have sat for and passed the pre-bar examination. Under Schedule 2 of the Kenya School of Law Act, 2012, they are entitled to apply for and be considered for admission to the Kenya School of Law. The consideration and decision, whether or not they are admitted, is a separate matter and constitutes a separate cause of action.
In the circumstances, the Notice of Motion dated 11th December 2013 lacks substratum. It is dismissed with no order as to costs.
DATEDand DELIVEREDat NAIROBIthis28thday ofJanuary 2014
D.S. MAJANJA
JUDGE