Court allows Moi, Mount Kenya universities to continue teaching law
Moi University in Eldoret. The High Court has nullified the Council of Legal Education’s directive requiring the institution and Mount Kenya University to stop offering law courses. FILE PHOTO | JARED NYATAYA |
What you need to know:
- The mandate of enforcing accreditation belonged to the Commission of Higher Education.
- CLE will be operational in the next two months but as soon as the period ends, it will be considered illegal.
The High Court nullified the Council of Legal Education’s directive requiring two institutions to stop offering law courses.
Declaring the council’s order unconstitutional, Justice George Odunga on Monday said the CLE had no jurisdiction to withdraw the accreditation of any university in Kenya.
The judge criticised the CLE for violating the law when it issued the closure directive to Moi and Mount Kenya universities, adding that its role is restricted to setting standards.
According to the judge, the mandate of enforcing accreditation belongs to the Commission for Higher Education (CUE).
“The council’s role is advisory and to make recommendations. It has no powers to close down any schools,” he said.
The court also quashed a report and letter dated Sept 23, 2015 that directed Moi University to start a closure process and submit its shutting plan.
Justice Odunga also dismissed a January 7 directive that stopped Mount Kenya University from admitting law students.
“You cannot have two concurrent centres of power. CLE is empowered to do so in conjunction with CUE,” he said.
The judge said the council was operating illegally because it was not constituted as per the Legal Education Act. He directed that the agency be re-established within 60 days.
That means the CLE will continue to function in the next two months but as soon as the period ends, it will be considered illegal if it will not have been reconstituted.
