This court on 18th December 2024 recorded a consent compromising the application by the Petitioners in the following terms:
1. In consideration of the order in HCJR NO. E009 of 2024 dated 19th September 2024 allowing the Petitioners herein to proceed with the 2nd practicum and in consideration of the Judgment in the said Judicial Review Proceedings quashing the decision of the Respondents made on 9th May 2924, the Respondents are hereby ordered to receive the results and recommendations of the second practicum which was duly attended by the Petitioners with the knowledge and consent of the Respondents and assess them for purposes of graduation scheduled for 20th December2024.
2. The Respondents are hereby ordered to comply with the judgment delivered on 28th November 2024 and include the names of the Petitioners in the List of graduands for the graduation Scheduled for 20th December 2024
3. Failure to comply with the above orders the 1st Respondent shall be subject to contempt of court proceedings.
Subsequently applications dated 19th December 2024 was filed by the Respondents seeking that the orders issued on 18th December 2024 be stayed and / or set aside. Interim orders were granted pending hearing of the said application. The Petitioners also filed another application dated 20th December 2024 under certificate of urgency but in consideration of the pleadings in the Respondent’s application and interim orders made therein the Petitioners application was not certified urgent.
The 2 applications have been pending without steps being taken by the parties and at some point, the Respondent’s Advocate intimated that it would be prudent to canvass the applications by way of written submissions to pave way for the Petitioners to get clearance from the University to go for 2nd practicum.
The Petitioners’ Advocate was opposed to this position and said that he had instructions that the Petitioners had done their practicum.
Leave was therefore granted for the parties to file respective responses to the 2 applications.
On 6th May 2025 this court gave directions for hearing of the 2 applications by way of written submissions.
On 19th June 2025 it was confirmed that both parties had filed submissions and the 2 applications fixed for ruling on 9th October 2025. The ruling was however delayed due to pressure of work and circumstances beyond the court’s control.
When this matter came up on 13th November 2025 for ruling the Respondent’s Counsel Mr. Imbo submitted that the 2 applications had been overtaken by events as the Petitioners had been cleared by the University and they did their practicum and graduated successfully and that the applications and the petition should be marked as settled.
The Petitioners however submitted that they wanted the petition to be heard as they had suffered loss and damage as a result of being denied to graduate and excluded from the list of graduands in 2024.
This court has considered the 2 applications together with the rival submissions and find that the same should be heard and considered concurrently with the main petition as the issues in the applications are also substantively raised in the petition considering that the purpose of the 2 applications was related to the Petitioners graduation which has already been overtaken by events. Costs in the 2 applications shall be in the cause. Mention 25th February 2026 for directions on how to dispose of the petition.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 18th day of December, 2025.
1. In consideration of the order in HCJR NO. E009 of 2024 dated 19th September 2024 allowing the Petitioners herein to proceed with the 2nd practicum and in consideration of the Judgment in the said Judicial Review Proceedings quashing the decision of the Respondents made on 9th May 2924, the Respondents are hereby ordered to receive the results and recommendations of the second practicum which was duly attended by the Petitioners with the knowledge and consent of the Respondents and assess them for purposes of graduation scheduled for 20th December2024.
2. The Respondents are hereby ordered to comply with the judgment delivered on 28th November 2024 and include the names of the Petitioners in the List of graduands for the graduation Scheduled for 20th December 2024
3. Failure to comply with the above orders the 1st Respondent shall be subject to contempt of court proceedings.
Subsequently applications dated 19th December 2024 was filed by the Respondents seeking that the orders issued on 18th December 2024 be stayed and / or set aside. Interim orders were granted pending hearing of the said application. The Petitioners also filed another application dated 20th December 2024 under certificate of urgency but in consideration of the pleadings in the Respondent’s application and interim orders made therein the Petitioners application was not certified urgent.
The 2 applications have been pending without steps being taken by the parties and at some point, the Respondent’s Advocate intimated that it would be prudent to canvass the applications by way of written submissions to pave way for the Petitioners to get clearance from the University to go for 2nd practicum.
The Petitioners’ Advocate was opposed to this position and said that he had instructions that the Petitioners had done their practicum.
Leave was therefore granted for the parties to file respective responses to the 2 applications.
On 6th May 2025 this court gave directions for hearing of the 2 applications by way of written submissions.
On 19th June 2025 it was confirmed that both parties had filed submissions and the 2 applications fixed for ruling on 9th October 2025. The ruling was however delayed due to pressure of work and circumstances beyond the court’s control.
When this matter came up on 13th November 2025 for ruling the Respondent’s Counsel Mr. Imbo submitted that the 2 applications had been overtaken by events as the Petitioners had been cleared by the University and they did their practicum and graduated successfully and that the applications and the petition should be marked as settled.
The Petitioners however submitted that they wanted the petition to be heard as they had suffered loss and damage as a result of being denied to graduate and excluded from the list of graduands in 2024.
This court has considered the 2 applications together with the rival submissions and find that the same should be heard and considered concurrently with the main petition as the issues in the applications are also substantively raised in the petition considering that the purpose of the 2 applications was related to the Petitioners graduation which has already been overtaken by events. Costs in the 2 applications shall be in the cause. Mention 25th February 2026 for directions on how to dispose of the petition.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 18th day of December, 2025.