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MOI UNIVERSITY
V.
OINDI ZAIPPELINE & ANOR

(2022) JELR 113354 (SC)

Supreme Court 17 Jun 2022 Kenya
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Case Details

Suit Number:PETITION 43 OF 2018
Judges:PM MWILU, DC & VP MK IBRAHIM, SCJ SC WANJALA, SCJ N NDUNGU, SCJ W OUKO, SCJ

JUDGMENT

A. Introduction

  1. On July 27, 2009 the 1st respondent herein Oindi Zaippeline, was admitted to the appellant University at its Central Kenya Campus located at Karatina, to pursue a three-year course leading to the award of a Bachelor’s degree. Little did he know that well over ten years later he would still be trotting court corridors in an endeavour to ascertain the status of his degree. The 1st respondent (Oindi) and 39 others first approached the High Court in the year 2013. Oindi and his mates were not successful at the High Court. While the 39 others gave up their quest for justice, Oindi was unrelenting and so, alone, he appealed to the Court of Appeal. This time he was successful. That now brings the appellant before this court.

  2. As the apexcourt under the Constitution, 2010, we are mandated to settle any constitutional or legal controversies and develop rich jurisprudence taking into account our own unique circumstances as a country. This is the import of section 3 of the S…

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