Republic v Egerton University [2015] KEHC 2449 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA

AT NAKURU

JUDICIAL REVIEW NO.1 OF 2014

IN THE MATTER OF AN APPLICATION FOR JUDICIAL REVIEW

AND

IN THE MATTER OF THE UNIVERSITIES ACT (ACT NO.42 OF 2012) LAWS OF KENYA

AND

IN THE MATTER OF THE DECISION OF THE SENATE, EGERTON UNIVERSITY DATED 11TH OCTOBER, 2013 EXPELLING PATEL MAULIK PRASUN

AND

IN THE MATTER OF THE VIOLATION OF THE APPLICANT'S CONSTITUTIONAL RIGHT TO EDUCATION, UNIVERSITIES ACT AND THE EGERTON UNIVERSITY STATUTES

BETWEEN

REPUBLIC............................................................................................................APPLICANT

VERSUS

EGERTON UNIVERSITY.................................................................................RESPONDENT

PATEL MAULIK PRASUN......................................................................................SUBJECT

RULING

This is my “ex-tempore” order.

I hereby allow the application and hereby set aside the orders granted on 8/7/2015 for the following reasons:

No receipt for fees for years lll has been availed by the Respondent.  Secondly, there has been delay and indolence in prosecution of the substantive motion with no reasonable explanation.

The subject is well advised to set down the Judicial Review for hearing and determination.

Costs shall be in the cause.

It is so ordered.

Dated, Signed and Delivered at Nakuru this 17th day of July, 2015.

A. MSHILA

JUDGE