[2015] KEHC 2449 (KLR)
The court set aside the orders granted on 8/7/2015 because the respondent failed to provide a receipt for fees for year III as required, and there was an unexplained delay and lack of diligence in prosecuting the substantive motion. The court emphasized that compliance with procedural requirements and timely...
Source-derived case information.
- Citation
- [2015] KEHC 2449 (KLR)
- Parties
- Applicant: Republic; Respondent: Egerton University
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Judicial Review 1 of 2014
- Procedural Posture
- Judicial Review / Ruling on Application to Set Aside Orders
- Outcome
- application allowed; previous orders set aside
- Judges
- A Mshila
- Legal Topics
- Judicial Review Procedure, Right to Education, University Disciplinary Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Egerton University
Respondent
Procedural Posture
Judicial Review / Ruling on Application to Set Aside Orders
Legal Issues
- 1 Whether the orders granted on 8/7/2015 should be set aside due to lack of fee payment evidence and delay in prosecution.
- 2 Whether the respondent's failure to provide a receipt for fees for year III justified setting aside the orders.
- 3 Whether delay and indolence in prosecuting the substantive motion warranted the orders being set aside.
Ratio Decidendi
The court set aside the orders granted on 8/7/2015 because the respondent failed to provide a receipt for fees for year III as required, and there was an unexplained delay and lack of diligence in prosecuting the substantive motion. The court emphasized that compliance with procedural requirements and timely prosecution are essential in judicial review proceedings. The subject was advised to set down the substantive judicial review for hearing and determination, and costs were ordered to be in the cause.
Court Disposition
application allowed; previous orders set aside
Orders
- The application is allowed.
- The orders granted on 8/7/2015 are set aside.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
JUDICIAL REVIEW NO.1 OF 2014
IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW
AND
IN THE MATTER OF THE UNIVERSITIES ACT (ACT NO.42 OF 2012) LAWS OF KENYA
AND
IN THE MATTER OF THE DECISION OF THE SENATE, EGERTON UNIVERSITY DATED 11TH OCTOBER, 2013 EXPELLING PATEL MAULIK PRASUN
AND
IN THE MATTER OF THE VIOLATION OF THE APPLICANT'S CONSTITUTIONAL RIGHT TO EDUCATION, UNIVERSITIES ACT AND THE EGERTON UNIVERSITY STATUTES
BETWEEN
REPUBLIC............................................................................................................APPLICANT
VERSUS
EGERTON UNIVERSITY.................................................................................RESPONDENT
PATEL MAULIK PRASUN......................................................................................SUBJECT
RULING
This is my “ex-tempore” order.
I hereby allow the application and hereby set aside the orders granted on 8/7/2015 for the following reasons:
No receipt for fees for years lll has been availed by the Respondent. Secondly, there has been delay and indolence in prosecution of the substantive motion with no reasonable explanation.
The subject is well advised to set down the Judicial Review for hearing and determination.
Costs shall be in the cause.
It is so ordered.
Dated, Signed and Delivered at Nakuru this 17th day of July, 2015.
A. MSHILA
JUDGE