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Kenya National Examination Council v. Republic Ex Parte Geoffrey Gathenji Njoroge, N S, J W, R N, G W, A W, C W, B W, S N & J B

(1997) JELR 100019 (CA)

Court of Appeal  •  Civil Appeal 266 of 1996  •  21 Mar 1997  •  Kenya

Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, R.S.C Omolo



The appellant before us is the Kenya National Examinations Council. It is body corporate with perpetual succession and a common seal. It is a creature of Section 3(1) and 3(2) of the Kenya National Examinations Council Act, Chapter 225A of the Laws of Kenya. We shall hereinafter refer to the appellant as “the Council”. As a creature of statute, the council can only do that which its creator (the Act) and the rules made thereunder permit it to do. If it were to purport to do anything outside that which the Act and the rules permit it to do, then like all public bodies created by parliament, it would become amenable to the supervisory jurisdiction of the High Court, which, for simplicity is now called “Judicial Review” – see order 53, of the Civil Procedure (Revised) Rules. That jurisdiction of the High Court is created, in a somewhat negative form, by the provisions of section 8 of the Law Reform Act, Chapter 26 Laws of Kenya. Part VI of that Act is headed “MANDAMU…

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