Kenya Case Law

Wasike v Principal Secretary Ministry of Basic Education & 4 others

Wasike v Principal Secretary Ministry of Basic Education & 4 others [2025] KEHC 8322 (KLR)

Court

High Court

Case number

Petition E111 of 2024

Judge

LN Mugambi

The court found that while the Parents Association may deliberate and propose ways to raise funds for school development, any additional levies imposed by a public school must strictly comply with Section 29(2)(b) of the Basic Education Act, requiring approval from the Cabinet Secretary in consultation with the County Education Board. The respondents failed to provide evidence of such approval for the levies in question, rendering their imposition unlawful. The court held that Regulation 2(6)(c)-(f) of the Third Schedule is not unconstitutional per se, but its implementation must not infringe…

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• Right To Education
• School Fees And Levies
• Public School Governance
• Children Rights
• Administrative Procedure
• Statutory Interpretation

Prime Start Academy v Kirinyaga County Education Board & another

Prime Start Academy v Kirinyaga County Education Board & another [2025] KEHC 7112 (KLR)

Court

High Court

Case number

Petition E017 of 2024

Judge

EM Muriithi

The court found that the petitioner had established a prima facie case that the closure of the school was procedurally unfair and potentially unlawful. The respondents did not demonstrate that the petitioner was given an opportunity to be heard before the closure, contrary to Article 47 of the Constitution and the Fair Administrative Action Act. The evidence showed that the school was registered, had been inspected and approved on multiple occasions, and was not listed among schools whose boarding sections were closed in the relevant ministry circular. The court held that the closure, if not…

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• Fair Administrative Action
• Right To Education
• School Registration And Closure
• Legitimate Expectation
• Teacher Qualification Requirements
• Property Rights

GM & another (Parents Suing as Next Friend to TZM (Minor)) v Board of Management, St Mary’s School; Nairobi County Education Board, Ministry of Education & another (Interested Parties)

GM & another (Parents Suing as Next Friend to TZM (Minor)) v Board of Management, St Mary’s School; Nairobi County Education Board, Ministry of Education & another (Interested Parties) [2025] KEHC 5783 (KLR)

Court

High Court

Case number

Judicial Review Miscellaneous Application E062 of 2025

Judge

JM Chigiti

The High Court held the applicants had not exhausted statutory school-discipline remedies, but ordered the minor readmitted pending expedited disciplinary and appeal processes.

• Judicial Review
• Exhaustion Of Remedies
• Right To Education
• Disciplinary Procedure
• Exceptional Circumstances
• Best Interests Of Child

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others

Otakwa v Board of Management Archbishop Njenga Girls High School Catholic Diocese of Kakamega & 3 others [2025] KEHC 3841 (KLR)

Court

High Court

Case number

Constitutional Petition E007 of 2023

Judge

SC Chirchir

The court found that there was adequate public participation by the school in communicating various undertakings to parents through available forums (AGM, BOM, PA meetings). The court also held that Section 29(2)(b) of the Basic Education Act is not unconstitutional as it includes a proviso safeguarding the right to free basic education by prohibiting the denial of school attendance due to non-payment of additional charges.

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• Public Participation
• Right To Education
• Constitutionality Of Statutes
• School Fees And Levies
• Freedom Of Religion
• Administrative Procedure

Jonathan Gloag Academy Parents and Guardians

Jonathan Gloag Academy Parents and Guardians (Petition Working Group) v Jonathan Gloag Academy Board of Governors & another; Mulema & another (Interested Parties) [2024] KEHC 13838 (KLR)

Court

High Court

Case number

Application E093 of 2024

Judge

J Ngaah

The High Court ordered Jonathan Gloag Academy to establish a parents association or PTA within 30 days after finding long-delayed non-compliance with the Basic Education Act.

• Judicial Review Of Administrative Action
• School Governance
• Parent Teacher Association
• Statutory Compliance
• Locus Standi
• Judicial-review

Situma v Kenya School of Law; Education (Interested Party)

Situma v Kenya School of Law; Education (Interested Party) [2024] KEHC 11780 (KLR)

Court

High Court

Case number

Civil Appeal E285 of 2023

Judge

PM Nyaundi

The court held that the statutory requirements for admission to the Advocates Training Programme at the Kenya School of Law are clear and mandatory, requiring all applicants to have attained at least a B (plain) in English or Kiswahili at KCSE level, regardless of subsequent academic achievements. The Court of Appeal decision in Kenya School of Law v Otene Richard Akomo & 41 Others is binding and directly applicable, confirming that the requirements are conjunctive and must be satisfied by all applicants. The appellant's advanced degrees in English and Communication Studies do not substitute…

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• Admission Requirements
• Statutory Interpretation
• Discrimination Claims

Nyagah & another v Egerton University & 3 others

Nyagah & another v Egerton University & 3 others [2024] KEHC 10024 (KLR)

Court

High Court

Case number

Petition E072 of 2023

Judge

LN Mugambi

The court found that the 1st respondent (Egerton University) and the 2nd respondent (Commission of University Education) failed to ensure that the engineering courses offered were properly accredited by the Engineers Board of Kenya, as required by the Engineers Act. This failure resulted in the petitioners being unable to register as graduate engineers, thereby denying them the full benefit of their education and violating their consumer rights under Article 46 of the Constitution. The court clarified that, under current law, the Engineers Board of Kenya has the exclusive mandate to accredit…

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• Consumer Protection
• Accreditation Of University Courses
• Right To Education
• Mandate Of Regulatory Bodies
• Professional Registration
• Class Actions

Chelangat v Kenya School of Law; Council of Legal Education (Interested Party)

Chelangat v Kenya School of Law; Council of Legal Education (Interested Party) [2024] KELEAT 669 (KLR)

Court

Legal Education Appeals Tribunal

Case number

Appeal E005 of 2024

Judges

R.N Mbanya, EO Arwa, R.W Kigamwa, SM Gitonga

The Tribunal found that while the Kenya School of Law Act, 2012 sets out strict requirements for admission to the Advocates Training Programme, including specific KCSE grades, the Legal Education (Accreditation and Quality Assurance) Regulations, 2016, which were in force when the appellant was admitted to her LL.B programme, provided for academic progression as an alternative route. The declaration of invalidity of these regulations did not apply retrospectively to actions already crystalized, such as the appellant's admission to the LL.B. Therefore, the appellant was entitled to benefit fro…

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• Admission Requirements
• Academic Progression
• Statutory Interpretation
• Legitimate Expectation
• Right To Education

Wambua v Kenya School of Law; Council of Legal Education (Interested Party)

Wambua v Kenya School of Law; Council of Legal Education (Interested Party) [2024] KELEAT 388 (KLR)

Court

Legal Education Appeals Tribunal

Case number

Appeal E003 of 2024

Judges

R.N Mbanya, EO Arwa, R.W Kigamwa, SM Gitonga

The Tribunal allowed an appeal against rejection for ATP admission, holding it had jurisdiction and that the appellant’s eligibility was protected by crystallized actions.

• Admission Requirements
• Legitimate Expectation
• Academic Progression
• Fair Administrative Action
• Statutory Interpretation
• Regulatory Compliance

Republic v Director, Kenya School of Law & 2 others; Abdi (Exparte)

Republic v Director, Kenya School of Law & 2 others; Abdi (Exparte) [2023] KEHC 26299 (KLR)

Court

High Court

Case number

Application E114 of 2023

Judge

J Ngaah

The High Court held that in the absence of any statutory or regulatory provision for execution or enforcement of the Legal Education Appeals Tribunal’s judgment, and with no evidence of alternative rules or procedures for such enforcement, the applicant could not be faulted for seeking judicial review. The court found that the Commission for University Education is the body legally mandated to equate foreign academic qualifications under section 5(1)(g) of the Universities Act. The respondents’ insistence on certification from the Kenya National Qualifications Authority, which lacked legal au…

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• Judicial Review Remedies
• Mandamus
• Tribunal Judgment Enforcement
• Qualification Equation
• Public Duty
• Alternative Remedies