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KIAMA WANGAI
V.
EGERTON UNIVERSITY

(2015) JELR 105126 (CA)

Court of Appeal 30 Oct 2015 Kenya
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- The applicant, a lecturer at the respondent university, sought leave in the High Court to apply for judicial review (certiorari) to quash a letter inviting him to disciplinary proceedings for alleged misconduct, arguing the process was un

Case Details

Suit Number:Civil Application 176 Of 2015 (Ur 142/2015)
Judges:Alnashir Ramazanali Magan Visram, Philomena Mbete Mwilu, Sankale ole Kantai
Location:Nairobi
Other Citations:Kiama Wangai v. Egerton University [2015] eKLR

RULING OF THE COURT

This is an application under sections 3A and 3B of the Appellate Jurisdiction Act, and Rule 5 (2) (b) of the Court of Appeal Rules for stay of execution pending the hearing and determination of an intended appeal.

The applicant is a lecturer and full time employee of the Faculty of Health Sciences at the respondent University (“the University”). Sometimes in the year 2012, the University received several complaints relating to the mis-conduct of some of the faculty, and in pursuance of those complaints, the University invited the concerned faculty to a meeting to discuss the allegations. By a letter dated 6th March, 2014 the respondent was invited to the University’s Disciplinary Committee meeting scheduled for 20th March, 2014 to answer various charges including, in the main, insubordination, neglect of duty and sexual harassment.

The respondent did not honour the invitation to attend the aforesaid meeting. Instead, he filed judicial review proceedings in the High Co…

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