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Kenya National Examinations Council v. Republic Exparte Kemunto Regina Ouru

(2010) JELR 100016 (CA)

Court of Appeal  •  Civil Appeal 127 of 2009  •  10 Dec 2010  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Moijo Matayia Ole Keiwua, Joseph Gregory Nyamu

Judgement

JUDGMENT OF THE COURT

Following the grant of leave to take out a motion for an order of judicial review, the 129 respondents herein as the applicants took out a motion on 25th March 2009 for the following orders: (1) An order of certiorari to remove into the High Court for purposes of quashing the decision of the appellant contained in a letter to the District Education Officer, Nandi East District, dated 3rd March 2009 cancelling the examination results in respect of 128 KCSE candidates for the year 2008 on the ground of alleged irregularity to wit collusion. (2) An order of mandamus to compel the Kenya National Examinations Council, as respondent, “ to reverse its decision to cancel the chemistry (233) examination results of the 128 Kenya Certificate of Secondary Examination Candidates for the year 2008 within 21 days of the order and to release forthwith the entire results to the aforesaid candidates.” (3) In the alternative, an order of mandamus directed to the respondent to compe…

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