Case ID:169977

Macyline Achieng v Rongo University & 4 others [2021] eKLR

Case Metadata

Case Number:

Environment and Land Petition Case E001 of 2020

Parties:

Macyline Achieng v Rongo University, Samuel Gudu the Vice- Chancellor Rongo University, Jonathan Mulwa Mwau, Deborah Muchilwa & Attorney General

Date Delivered:

10 Feb 2021

Case Class:

Civil

Court:

Environment and Land Court at Migori

Case Action:

Ruling

Judge(s):

George Martin Atunga Ong'ondo

Citation:

Macyline Achieng v Rongo University & 4 others [2021] eKLR

Court Division:

Environment and Land

County:

Migori

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

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...................................................................1

ST

RESPONDENT

PROF. SAMUEL GUDU THE VICE-

CHANCELLOR RONGO UNIVERSITY.....................................2

ND

RESPONDENT

DR. JONATHAN MULWA MWAU...............................................3

RD

RESPONDENT

DEBORAH MUCHILWA...............................................................4

TH

RESPONDENT

THE HON. ATTORNEY GENERAL ...........................................5

TH

RESPONDENT

RULING

1. An application by way of Notice of motion dated 3

rd

February 2021 and duly filed in this court on 9

th

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 1

st

,2

nd

, 3

rd

and 4

th

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 1

st

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

2

nd

March 2021.

Orders accordingly.

DELIVERED, DATED

and

SIGNED at MIGORI this 10

th

day of February, 2021

G.M.A. ONGONDO

JUDGE

In presence of ;-

Tom Maurice - Court assistant