Macyline Achieng v Rongo University, Samuel Gudu the Vice- Chancellor Rongo University, Jonathan Mulwa Mwau, Deborah Muchilwa & Attorney General [2021] KEELC 4426 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT OF KENYA AT MIGORI

ELC PET CASE NO. E001 OF 2020

MACYLINE ACHIENG.........................................................................PETITIONER

Versus

RONGO UNIVERSITY...................................................................1ST RESPONDENT

PROF. SAMUEL GUDU THE VICE-

CHANCELLOR RONGO UNIVERSITY.....................................2ND RESPONDENT

DR. JONATHAN MULWA MWAU...............................................3RD RESPONDENT

DEBORAH MUCHILWA...............................................................4TH RESPONDENT

THE HON. ATTORNEY GENERAL ...........................................5TH RESPONDENT

RULING

1. An application by way of Notice of motion dated 3rd February 2021 and duly filed in this court on 9th February 2021 under certificate of urgency, has been drawn to my attention for hearing and determination.  I note the Constitutional provisions under which it has been generated and the orders sought therein.

2. It is further noted that in the petition evenly dated and simultaneously filed with the application, the petitioner/applicant, MACYLINE ACHIENG is seeking reliefs, inter alia;

a) A declaration that the actions of the 1st ,2nd, 3rd and 4th respondents’ actions of refusing to avail the Petitioner information necessary for petitioner to gain full benefit from the services offered to the petitioner by the 1st respondent including information on her final year examination results violate Article 46 of the Constitution of Kenya and is an infringement of the protection of the petitioner.

b) An order of mandamus does issue compelling the respondents to issue the petitioner with her academic transcript for her final year examinations.

c)  General and exemplary damages.  (Emphasis laid)

3.  Quite clearly, the instant matter falls within the jurisdiction of the High Court of Kenya as stipulated in Article 165 (3) (a) and (b) of the Constitution of Kenya,2010; see also the Supreme Court of Kenya decision in Republic =vs= Karisa Chengo and others (2017) eKLR.

4. Wherefore, the present petition be and is hereby transferred to the High Court of Kenya at Migori for hearing and determination to meet the ends of justice as envisioned under sections 1A, 1B, 3 and 3A of the Civil Procedure Act Chapter 21 Laws of Kenya.  Mention before the Honourable High Court Judge at Migori for directions on 2nd March 2021.

Orders accordingly.

DELIVERED, DATEDandSIGNED at MIGORI this 10th  day of February, 2021

G.M.A. ONGONDO

JUDGE

In presence of ;-

Tom Maurice - Court assistant