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MUAMAR NABEEL ONYANGO KHAN V. COUNCIL OF LEGAL EDUCATION, KENYA SCHOOL OF LAW & ATTORNEY GENERAL

(2014) JELR 105016 (CA)

Court of Appeal  •  Civil Appeal 18 of 2014  •  23 Apr 2014  •  Kenya

Coram
David Kenani Maraga, Festus Azangalala, Sankale ole Kantai

Judgement

JUDGMENT OF THE COURT

This is an appeal against the judgment of the High Court (Muchelule, J) dated 31st January 2014 in which the learned Judge dismissed the appellant’s petition. In that petition, the appellant had sought, inter alia, a declaration that he possessed the requisite academic qualification for admission to the Advocates’ Training Programme (ATP) at the Kenya School of Law (the School of Law) for the year 2012;a declaration that the decision of the Council of Legal Education (the Council) and the School of Law (both hereinafter referred to as “the respondents”) rejecting the appellant’s application for admission to the ATP on the ground that he did not meet the threshold for admission to that programme violated his constitutional rights; an order of certiorari to quash the respondents’ said decision; and an order of mandamus to compel the respondents to admit the appellant to that programme.

The petition was premised on the grounds that being a holder of a Bachelor of Arts…

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