Kenya Case Law

Republic v Regional Director of Education/Secretary - CEB Nairobi; Saint Nicholus Junior Academy Embakasi Limited (Exparte); Attorney General & 4 others (Interested Parties)

Republic v Regional Director of Education/Secretary - CEB Nairobi; Saint Nicholus Junior Academy Embakasi Limited (Exparte); Attorney General & 4 others (Interested Parties) [2023] KEELC 21785 (KLR)

Court

Environment and Land Court

Case number

Environment and Land Judicial Review Miscellaneous Application E001 of 2023

Judge

JA Mogeni

The court found that the respondent's decision to close the applicant's learning institutions was made without affording the applicant an opportunity to be heard, in violation of the rules of natural justice and Article 47 of the Constitution. The court emphasized that judicial review is concerned with the legality of the process, not the merits of the decision or the validity of the applicant's title. The respondent lacked jurisdiction to revoke or question the applicant's title, as such powers are reserved for the courts. The process leading to the closure was procedurally unfair and illega…

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• Judicial Review
• Fair Administrative Action
• Natural Justice
• School Registration
• Land Title Disputes

Benjamiin Mbatia Kinyanjui, Mary Muthoni Wainaina, Priscilla Kerubo Gichuki, Ann Mokeira, Elizabeth Njoki Maina, Mary Nyambura Kamau, Lavine Adhiambo Oduol, Edgel Mission (Formerly Discipleship Outreach Ministry) & Prince of Peace School v Sub County Director of Education Nakuru, County Director of Education, Cabinet Secretary of Education & Attorney General

Benjamiin Mbatia Kinyanjui, Mary Muthoni Wainaina, Priscilla Kerubo Gichuki, Ann Mokeira, Elizabeth Njoki Maina, Mary Nyambura Kamau, Lavine Adhiambo Oduol, Edgel Mission (Formerly Discipleship Outreach Ministry) & Prince of Peace School v Sub County Director of Education Nakuru, County Director of Education, Cabinet Secretary of Education & Attorney General [2021] KEHC 4301 (KLR)

Court

High Court

Case number

Petition E014 of 2021

Judge

NA Matheka

The High Court declined to reopen an unregistered school, holding that operating without registration breached the Basic Education Act and did not violate the children’s right to education.

• Right To Education
• School Registration
• Administrative Fairness
• Children S Rights
• Licensing Of Educational Institutions
• Judicial Review

Republic v Ministry of Education Science and Technology, Attorney General & Seventh-Day Adventist Church Western Kenya Conference Ex parte School Committee, Kakiptui Primary School

Republic v Ministry of Education Science and Technology, Attorney General & Seventh-Day Adventist Church Western Kenya Conference Ex parte School Committee, Kakiptui Primary School [2021] KEHC 5335 (KLR)

Court

High Court

Case number

Judicial Review Application 1 of 2015

Judge

OA Sewe

High Court granted a stay of execution pending appeal in a judicial review dispute over Kakiptui Primary School’s registration and sponsorship, subject to maintenance of the status quo.

• Judicial Review
• Stay Of Execution
• Mandamus
• School Registration
• Public Duty
• Stay-of-execution

John Mishomoroni Academy v Yakub Shaban

John Mishomoroni Academy v Yakub Shaban [2021] KEHC 4323 (KLR)

Court

High Court

Case number

Civil Appeal 83 of 2020

Judge

DO Chepkwony

The High Court held that a private school lacked capacity to sue in its own name, upheld striking out the suit, and affirmed the respondent’s counterclaim for vacant possession.

• Locus Standi
• Capacity To Sue
• Counterclaim Procedure
• Vacant Possession
• School Registration
• Trespass

Republic v Cabinet Secretary, Ministry of Education, Science & Technology,Director of Education, Kamukunji Sub-County,Kenya National Examinations Council (KNEC),Brightstar Secondary School & Attorney General Ex parte Flopppeeze Secondary School

Republic v Cabinet Secretary, Ministry of Education, Science & Technology,Director of Education, Kamukunji Sub-County,Kenya National Examinations Council (KNEC),Brightstar Secondary School & Attorney General Ex parte Flopppeeze Secondary School [2019] KEHC 11681 (KLR)

Court

High Court

Case number

Miscellaneous Application 630 of 2017

The court found that the decision to deregister the applicant as an examination centre was made pursuant to the statutory mandate of the respondents, following inspections that revealed the school lacked the required facilities, safety standards, and credibility to conduct national examinations. The applicant failed to demonstrate any illegality, irrationality, or procedural impropriety in the decision-making process. The court held that the right to fair administrative action was not violated, as the respondents had statutory authority to inspect and deregister non-compliant schools without…

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• Judicial Review
• Certiorari
• Mandamus
• Procedural Fairness
• School Registration
• Examination Centre Deregistration

Pius Mandere Ogari t/a Utubora Mixed Secondary School v Kisii County Education Board, Ministry of Education & Attorney General

Pius Mandere Ogari t/a Utubora Mixed Secondary School v Kisii County Education Board, Ministry of Education & Attorney General [2018] KEHC 4361 (KLR)

Court

High Court

Case number

Petition 2 of 2018

Judge

DAS Majanja

The High Court held that the County Education Board lacked statutory power to de-register the school, but dismissed the petition because registration of the school was not proved.

• Fair Administrative Action
• Ultra Vires Decision
• Judicial Review Remedies
• School Registration
• Public Law Procedure
• Fair-administrative-action

Francis Jomo v Attorney General, Ministry of Education & Municipal Council of Mombasa

Francis Jomo v Attorney General, Ministry of Education & Municipal Council of Mombasa [2017] KEHC 5866 (KLR)

Court

High Court

Case number

Petition 98 of 2012

Judge

DO Ogembo

The High Court allowed a petition over Kisauni Baptist Church Student Centre, held the church owned the property, and ordered registration as a private school.

• Right To Property
• School Registration
• Locus Standi
• Public Vs Private Education
• Procedural Technicalities
• Education Rights

Republic v The County Education Board & another Ex-parte Bridge International Academies Ltd

Republic v The County Education Board & another Ex-parte Bridge International Academies Ltd [2017] KEHC 7278 (KLR)

Court

High Court

Case number

Judicial Review 3 of 2016

The High Court partly quashed Busia County’s closure of Bridge International Academies at Port Victoria and Malaba, but upheld closure of the other schools and required pupil transition arrangements.

• Judicial Review Remedies
• Natural Justice
• School Registration
• Ultra Vires Actions
• Fair Administrative Action
• Exhaustion Of Remedies

Registered Trustees of Baptist Convention of Kenya T/A Kiembeni Baptist Church Primary School v Ministry of Education Science and Technology & Municipal Council of Mombasa

Registered Trustees of Baptist Convention of Kenya T/A Kiembeni Baptist Church Primary School v Ministry of Education Science and Technology & Municipal Council of Mombasa [2014] KEHC 959 (KLR)

Court

High Court

Case number

Miscellaneous Application 3 of 2013

Judges

EM Muriithi, MM Kasango

The High Court found the respondents in contempt for failing to register Kiembeni Baptist Church Primary School as a private school, and issued injunctive and mandatory orders instead of committal.

• Contempt Of Court
• Enforcement Of Court Orders
• Injunctive Relief
• Mandamus
• School Registration
• Contempt-of-court