Judge bows out of Moi University's law school closure suit

A past gathering at Moi University. PHOTO | JARED NYATAYA | FILE

What you need to know:

  • Moi University has moved to court to challenge a directive for the institution to shut down its school of law within two months.
  • The university has sued CLE, claiming that the agency failed to issue a notice to seek public views over the closure of the school of law.
  • The university said the order is a violation of the students’ right to education.

A High Court judge has disqualified himself from hearing a case in which Moi University is challenging a decision to shut its school of law within two months.

Justice Joseph Onguto declined to handle the matter, saying he had an association with the Council of Legal Education (CLE) barely 10 months ago. Therefore, a reasonable and fair minded observer with full facts would not see him as an impartial adjudicator.

Moi University has moved to court to challenge a directive for the institution to shut down its school of law within two months.

The university has sued CLE, claiming that the agency failed to issue a notice to seek public views over the closure of the school of law.

The university said the order is a violation of the students’ right to education.

AUGUST 28 INSPECTION

According to the university’s legal officer, Ms Wilkister Simiyu, the directive was issued after an August 28 inspection of the Bachelors of law (LLB) programme by CLE’s Quality Assurance and Compliance Committee, after which a report was attached to the September 23 letter that communicated the decision.

The university alleged that the accreditation parameters purportedly used by the council to evaluate the LLB curriculum were unconstitutional.

Ms Simiyu said at the time when Moi University was established in 1994, there were no external accreditation processes required.

The university wants the decision suspended and the status quo restored for the institution to continue operating as a legal education provider as well as to admit new students in the next academic year pending the hearing and determination of the case.