[Moi University. Photo/Courtesy]
Moi University has defended itself against fresh claims that it is not qualified to offer law course.
Below is a statement by the University's Acting Vice Chancellor, dated March 22, 2017:
''STATUS OF MOI UNIVERSITY SCHOOL OF LAW
The Moi University Council, Management, Staff and Students, concerned about the import of the press advertisement by the Council of Legal Education where it published a purported list of “Legal Education Providers,” would wish to inform the public as follows:
Moi University challenged the decision of the CLE purporting to deny accreditation to Moi University as a legal education provider and requiring the University to submit a closure plan for its School of Law in court through Petition No. 425 of 2015.
Upon the hearing of the Petition, the court held as follows:-
CLE’s decision was biased since it was made before the initially granted provisional accreditation had run its full course.
CLE’s purported decision to close the School of Law was made in violation of Section 5 (1) of the Fair Administrative Action Act for want of public participation.
CLE has no power under the law to accredit any University programmes on law or at all, as this power is vested in the Commission for University Education. Specifically, the court stated in paragraph 169 that “….. the Council’s role is restricted to setting and enforcing standards relating to the accreditation of legal education providers for the purpose of licensing. Nowhere in the Legal Education Act (LEA) is there an express power conferred upon the Council to accredit Universities or institutions offering legal education.”
The court reiterated that the role of CLE is to recommend standards of legal education to the Commission for University Education for purposes of licensing or accreditation, as its role is merely advisory and technical “and does not include the powers to suspend or stop accredited University institutions from offering various courses.”
In any event, the court held that CLE was improperly constituted hence incapable of discharging any legal mandate let alone accrediting universities. The composition failed to comply with the requirements of Section 4 (5) of the Legal Education Act.
Arising from this, the court clearly stated in paragraph 209, “In the premises, it is my view and I hold that even if the Council had the power to take the impugned decision, as constituted, the said Council could not purport to do so.”
The court issued the following orders:
a) That the Council for Legal Education violated the principles of the fair administrative action as enshrined in Article 47 of the Constitution in reaching its impugned decision.
b) That the Council for Legal Education has no jurisdiction on its own motion to accredit or withdraw accreditation of universities in Kenya.
c) That the constitution of Council of Legal Education was unlawful at the time of reaching the impugned decision.
d) That the impugned decision of the Council of Legal Education was hereby quashed.
e) That at the expiry of the 60 days period granted to facilitate the reconstitution of the Council; the said Council shall be deemed to be illegally in office.
The decision of the High Court is currently the subject of an Appeal filed by the CLE but the same has not been reviewed or stayed. It should not be lost on the public that the court’s decision is also in agreement with a cabinet decision made last year that the Council is illegally in office.
The CLE has now published notices in the newspapers and on its website purporting to provide an “Institutional Licensing Status February 2017.”
CLE’s notice is not only illegal as it flies in the face of the findings of the High Court, but also a mischievous attempt at subverting the judgment, against which it has chosen to exercise its right of appeal.
As noted above, the matter is currently subject of an Appeal filed by the CLE but the same has not been reviewed or stayed. It is also important to note that the notice by CLE is in contravention of the status quo order issued by the Court of Appeal on 15th June, 2016.
Moi University would like to reiterate that it offers legal education that meets national, regional and global standards and produces graduates equipped with the necessary tools and skills to offer leadership, be innovative and serve the public.
The LL.B program of the School is fully accredited by the Commission for University Education, the body vested with the powers of accreditation of university programs.
Moi University reiterates that it reserves its right to take any further legal proceedings it may deem appropriate.
Any of our graduates whose application is adversely decided by CLE based on the notices is advised to immediately get in touch with the University for further directions.
PROF. LABAN P. AYIRO AG. VICE CHANCELLOR, MOI UNIVERSITY''