A decision by the Council of Legal Education to shut down Moi University’s School of Law has been quashed.
Justice George Odunga said the CLE has no jurisdiction, on its own motion, to accredit or withdraw accreditation of universities in Kenya.
The institution sued CLE following a directive to shut down its school of Law. The council said the university has no capacity to offer legal education due to limited or lack of facilities. The university, however, accused CLE of failing to issue a public notice, inviting views before taking the drastic decision.
Odunga said CLE violated the law by shutting down the school. He also nullified a report dated September 23 last year and the letter with the same date communicating CLE’s decision directing Moi University to start the closure of its law school and submit its closure plan.
He also suspended the announcement of the illegality in the constitution of the council for 60 days to facilitate proper reconstitution.
Odunga said at the expiry of the period, the council shall be deemed to be illegally in office.
CLE argued the school did not meet standards and performed poorly during the inspection of facilities and resources used to offer the law programme.
Moi University’s legal officer Wilkister Simiyu said CLE ordered closure of the university after an August 28 onsite inspection by its Quality Assurance and Compliance Committee for the Bachelors of Law programme, whose report was attached to the September 23 letter that communicated the decision.
Records of the council’s engagement with the university show the institution made a string of unfulfilled promises that ultimately culminated to the decision to close the school.
In a separate suit, the High Court quashed a decision by CLE ordering Mount Kenya University to suspend admission of students into its law campus.
Odunga prohibited CLE from unilaterally accrediting or purporting to withdraw MKU’s accreditation.
MKU sued the council over the suspension of the Bachelor of Laws programme until a decision on its accreditation status is determined.
The university claimed it was accredited to offer legal education and training in 2010 and the CLE letter on January 7 to suspend the programme was unconstitutional.
The university said when the Council wrote the letter, it had already admitted qualified applicants to its law programme and students reported on January 4.