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Martin Wanderi, Joel Rutto Sutter, Alfred Chombah, Alfrick Otieno, Angela Murigi, Anthony Okava, Anthony Omari, Beatrice Wangari, Ben Odhiambo, Brian Mabatuk, Masinde Muliro University of Science and Technology & 96 others v. Engineers Registration Board, Moi University, Masinde Muliro University of Science and Technology, Commission for Higher Education, Ministry of Higher Education Science and Technology Jesse Wahome Waweru & others; Egerton University, Jesse Wahome Waweru, Geoffrey Nangillah Makanga, Maurice Otieno Oloo, Alfred Kipkoech Kibet, Richard Gituro Gichaga, Patrick Karanja Mbugua & 37 others (Interested Parties)

(2020) JELR 99250 (SC)

Supreme Court  •  Application 39 of 2019 & Petition 4 of 2016 (Consolidated)  •  15 May 2020  •  Kenya

Coram
Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala, Susanna Njoki Ndungu

Judgement

RULING OF THE COURT

A. BACKGROUND

1. On 17th July 2018, we delivered a Judgment in this matter and Our final orders were as follows:

(a) The Judgment of the Court of Appeal dated 12th June, 2015 is hereby set aside in toto.

(b) The decision of the High Court issued on 15th October, 2012 is hereby affirmed in the following specific terms:

(1) A declaration hereby do issue that the power of the Engineers Registration Board under the provisions of section 11(1)(b) of the Engineers Registration Act (now repealed) to register graduate engineers did not include the power to accredit and approve engineering courses offered by public universities incorporated under the Laws of Kenya.

(2) A declaration hereby do issue that in refusing to register the Applicants, the Board violated the Petitioners’ right to fair administrative action under Article 47(1) of the Constitution and the Petitioners’ right to human dignity under Article 28 of the Constitution as read with Article 55 (a) and (c) of the Const…

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