Kihara Mercy Wairimu & 7 others v Kenya School of Law & 4 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
J.A. Makau
Judgment Date
October 01, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kihara Mercy Wairimu & 7 others v Kenya School of Law & 4 others [2020] eKLR case summary. Delve into the legal implications and insights drawn from this important judgment.

Case Brief: Kihara Mercy Wairimu & 7 others v Kenya School of Law & 4 others [2020] eKLR

1. Case Information:
- Name of the Case: Kihara Mercy Wairimu & Others v. The Kenya School of Law & Others
- Case Number: Petition No. 182 of 2019
- Court: High Court of Kenya, Nairobi
- Date Delivered: October 1, 2020
- Category of Law: Civil
- Judge(s): J.A. Makau
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case include:
1. Whether the Petitioners satisfied the conditions to warrant striking out the affidavit of Dr. Juma Mukhwana.
2. Whether the 1st Respondent should admit the Petitioners to the Kenya School of Law without any conditions.

3. Facts of the Case:
The case involves eight petitioners who had applied for admission to the Kenya School of Law (KSL) after obtaining their Bachelor of Laws (LL.B) degrees from Riara University. They claimed that their rights were violated when the KSL and other respondents denied them admission based on their secondary school qualifications. The petitioners had qualified for admission but faced issues with the Kenya National Qualifications Authority (KNQA) regarding the issuance of clearance certificates. The petitioners contended that despite a court judgment in their favor issued on November 28, 2019, they had not been able to enjoy the fruits of that judgment, as the KNQA had failed to comply with court orders regarding their qualifications.

4. Procedural History:
The petitioners initially filed a motion on June 23, 2020, seeking urgent orders to compel the respondents to admit them to KSL and register them for Bar exams. They argued that the KNQA's actions were non-compliant with the court’s previous judgment. The 1st and 4th respondents filed affidavits opposing the application, asserting that the petitioners had not met the necessary qualifications for admission. The court had previously ruled that the petitioners must submit their International General Certificate of Secondary Education (IGCSE) and other documents for evaluation, which they claimed had not been properly addressed by the respondents.

5. Analysis:
- Rules: The court considered various articles of the Constitution of Kenya, including Articles 2, 3, 10, 19, 21, 22, 24, 25, 27, 28, 43, 47, 48, 55, 56, and 165, as well as the Kenya School of Law Act and the Fair Administrative Actions Act. These laws outline the rights to fair administrative action and the requirements for admission to legal training.

- Case Law: The court referenced prior judgments that established the necessity of meeting statutory qualifications for admission to the KSL, emphasizing the importance of compliance with established educational regulations, particularly concerning secondary school qualifications.

- Application: The court found that the petitioners had not satisfied the conditions set forth in the previous judgment, which mandated the submission of specific qualifications. The court ruled that the 4th Respondent had complied with its orders regarding the evaluation of the petitioners' qualifications, and thus, there was no basis for striking out the affidavit of Dr. Juma Mukhwana. The court also determined that the petitioners were seeking to re-litigate issues already resolved, which was impermissible.

6. Conclusion:
The court dismissed the petitioners' application, affirming that they must comply with the established qualifications for admission to the Kenya School of Law. The ruling underscored the necessity of adhering to statutory requirements and highlighted the court's role in ensuring compliance with legal standards.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya ruled against the petitioners seeking unconditional admission to the Kenya School of Law, emphasizing the importance of meeting statutory educational qualifications. The decision reinforces the legal framework governing admissions to legal education in Kenya, ensuring that all applicants meet the necessary criteria before enrollment. The ruling serves as a reminder of the legal obligations institutions have in maintaining academic standards and the importance of compliance with court orders.

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