Vice chancellor Richard Mibey(second left) deputy Vice Chancellor Administration and Planning Professor Paul Kiprop(right) deputy Vice Chancellor students affairs Nathan Ayieri(second left) and Dean school of Law Maurice Oduor outside Milimani law court after high court quashed decision by the Council of Legal Education and ordered to be reconstituted within the next 60 days on Monday April 4.2016.
BY SAM ALFAN.
The High Court has ordered that the Council of Legal Education be reconstituted within the next 60 days.
Judge George Odunga issued the order saying the council does not have a mandate to accredit all universities in the country.
“The declaration of the illegality in the constitution of the Council is however suspended for a period of days to facilitate the proper reconstitution of the said Council” ruled Justice Odunga in his ruling.
Justice Odunga made the directive in a case where Moi University has challenged a decision by the council to close its two law school.
“Council of Legal Education has no jurisdiction on its own motion to accredit and withdraw accreditation in Kenya” said Odunga.
The learned judge further said the decision arrived by the Council in the report and and the letter dated 23 September, 2015, the Council for Legal Education violated the principles of a fair administrative action as enshrined in Article 47 of the constitution.
In October last year, the Council for Legal Education announced the closure of several law schools arguing that they did not meet the laid down regulations in offering law courses.
The axe fell on several universities among them Moi University’s Nairobi, Mombasa and Kisumu law campuses, Kenyatta University and Catholic University.
In issuing the closure directive, the Council said that the schools were operating outside the set regulations, an assertion that was contested by the university which termed it a violation of the student’s right to education.
Moi University challenged the directive to shut down its school of law within two months.
The University sued CLE, claiming that the agency failed to issue a notice to seek public views over the closure of the school of Law.