Mother sues Kenya School of Law for revoking son's admission
The Kenya School of Law Academics Complex, Nairobi.
The High Court has temporarily restrained the Kenya School of Law (KSL) and its director from revoking the admission of a student to the institution for the Advocates Training Programme (ATP).
The court issued the orders pending the hearing of an application for conservatory orders by Mr Dennis Mucheru's mother, Ms Elizabeth Mburu, challenging the revocation of her son's admission to KSL.
Justice Gregory Mutai also restrained KSL from taking any further steps to revoke Mr Mucheru's admission to the institution.
Through lawyer Wamuti Ndegwa, Ms Mburu says in her petition that the respondents offered her son provisional admission on January 31, subjected him to an admission process and subsequently offered him full admission and made him sign a nominal roll as a bona fide student of KSL.
However, the petitioner alleges that the respondents, without any valid reason, decided to cancel the admission of her son on April 15.
This, the petitioner argues, was 74 days after provisional admission and 38 days after full admission, on which days her son had completed a substantial part of the ATP.
Fair Administrative Act
“It is only fair that the first interested party be allowed to pursue his ATP 2024/25 having been admitted upon being established that he met all the prerequisite qualifications,” part of the petition states.
The petitioner is seeking a declaration that the revocation of her son's admission to KSL by letter is null and void as it disregards the principles of Fair Administrative Act.
According to the petitioner, it is important to emphasise that the respondent's revocation of her son's admission to KSL in a letter addressed to Mr Mucheru has profound consequences for her as a sponsoring parent.
The petitioner, who is also a human rights defender, argues that if the court allows KSL and its director to revoke Mr Mucheru's admission to KSL, it could set a very bad precedent for the legal profession and the public at large.
“Failure to halt this process would embolden the respondents’ engagement in illegal and unconstitutional ventures that contradict the fundamental principles of governance,” the petition states in part.
The petitioner states that her son is in danger of suffering a grave miscarriage of justice and violation of his rights and fundamental freedoms if the case is not resolved promptly.
She argues that the revocation of his admission to KSL by the respondents is a flagrant violation of the principles of fair administrative action, as it is contrary to constitutional provisions.
The petitioner further argues that the failure to engage Mr Mucheru in a transparent and inclusive process denies him the opportunity to fully participate in a matter that affects his position and livelihood.
Ms Mburu argues that by disregarding her son's admission to KSL, the respondents are also in breach of Article 73(1) which directs all public officers to exercise public authority as a public trust in accordance with the object and purpose of the Constitution.
The petitioner also wants the court to set aside the respondents' revocation of her son's admission to KSL.
She also wants an order restraining the respondents from revoking Mr Mucheru's admission to KSL, which she says was obtained through due process of law.
In addition to Mr Mucheru, the Council for Legal Education and the Law Society of Kenya have been joined as interested parties in the case.
By press time, KSL had not filed a response in court.
The case will be heard inter partes on May 22.
