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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

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.