I have perused the applicant's Notice of motion brought under Order 53 of the Civil procedure Rules seeking leave of court to apply for judicial review proceedings against the respondents.
I do not find the application to be urgent. I decline to certify it as urgent.
On the question of whether the leave to apply is merited, I have perused the documents in support of the application. The applicant in my humble view is challenging the the correctness of the decision to revoke his qualifications as an advocate and the matter will require evidence to determine whether the applicant qualified from Kenyatta University before he was admitted at the Kenya School of law for an ATP training before he was admitted as an advocate. Evidence will have to be adduced to determine whether the applicant's transcripts and degree certificate were fraudulently obtained and whether the CLE was factually right in finding the transcripts fraudulent as advised by Kenyatta University.
That is not a matter to be determined summarily through Judicial Review, considering that the applicant disputes the findings and says the transcripts are legitimate.
it will require much more than challenging the process or lawfulness of the decision.
Furthermore, under Section 31 of the Legal Education Act, 2012, the Legal Education Appeals Tribunal has jurisdiction to hear appeals concerning
Admission to legal education programs, including the Advocates Training Programme (ATP).
Revocation of admissions.
Other matters related to legal education as prescribed by the Act.
The applicant has not exhausted the internal dispute resolution mechanisms as stipulated in section 9(2) of the Fair Administrative Act.
I find the application for judicial review to be premature, noting that appeals from the Tribunal lie to the High Court on matters of law.
The application is struck out. The applicant to file his appeal to the legal education Appeals Tribunal for consideration and follow the process for ventilation of grievances under the available mechanisms.
I make no orders as to costs
This file is closed.
JudgmentMWASAMBU CAREY MWABOZA VS Kenya School of Law AND KENYATTA UNIVERSITY AND 2 Others1 min read
MWASAMBU CAREY MWABOZA VS Kenya School of Law AND KENYATTA UNIVERSITY AND 2 Others
High Court at Milimani High Court · · R. E. Aburili
Details
- Delivered
- Court rank
- High Court
- Division
- High Court Judicial Review
- Case type
- Judicial Review Miscellaneous
- Judge
- R. E. Aburili
Related decisions
- KENYA SCHOOL OF LAW VS Grace Kathina WambuaKENYA SCHOOL OF LAW VS Grace Kathina Wambua · 9 August 2025
- Evans Kipkoech Chepkwony AND REPUBLIC VS COUNCIL OF LEGAL EDUCATION AND KENYA SCHOOL OF LAW AND 1 OthersEvans Kipkoech Chepkwony AND REPUBLIC VS COUNCIL OF LEGAL EDUCATION AND KENYA SCHOOL OF LAW AND 1 Others · 28 April 2025
- Kenya School Of Law VS John GuthekaKenya School Of Law VS John Gutheka · 19 February 2026
- ELIZABETH WAMBUI MBURU VS KENYA SCHOOL OF LAW AND DR. HENRY K. MUTAI AND 3 OthersELIZABETH WAMBUI MBURU VS KENYA SCHOOL OF LAW AND DR. HENRY K. MUTAI AND 3 Others · 28 September 2025
- PIUS ONDIMU OKINDU VS FRANCIS GICHINGIRI THANDI AND THE AGRICULTURAL SOCIETY OF KENYAPIUS ONDIMU OKINDU VS FRANCIS GICHINGIRI THANDI AND THE AGRICULTURAL SOCIETY OF KENYA · 11 June 2025
- KENYA SCHOOL OF LAW VS vincent jumaKENYA SCHOOL OF LAW VS vincent juma · 9 August 2025
Published for information only — not legal advice. Check the official record before relying on this text. Talk to an advocate