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Kenya Medical Laboratory Technicians & Technologists & 7 Others v. Attorney General; Commission of University Education & National Association of Private Universities In Kenya (Interested Parties)

(2020) JELR 100031 (CA)

Court of Appeal  •  Civil Application 190 of 2020  •  4 Dec 2020  •  Kenya

Coram
Daniel Kiio Musinga, Mohammed Abdullahi Warsame, Fatuma sichale

Judgement

RULING OF THE COURT

1. By a Notice of Motion dated 29th June, 2020 the applicants seek orders to stay the implementation of Section 5 of the Universities (Amendments) Act, 2016 pending the hearing and determination of the intended appeal.

2. The Universities (Amendment) Act, 2016 was assented to on 23rd December, 2016 and came into effect on 13th January, 2017. The applicants filed a petition in the Constitutional Court on 9th February, 2017 alleging that the said Section 5 was unconstitutional and that its implementation will have far reaching implications on the role of the applicants (professional regulatory bodies) in the regulation, licensing and supervision of professional education and as such interfere with the mandate of the petitioners/applicants to enforce the requisite quality standards in university education.

3. In response to the petition, the 1st respondent’s position was that the petitioners/applicants did not disclose any threats or violations to the Constitution; and t…

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