Justice Lenaola delivered Judgment in a Constitutional Petition [Petition Number 181 of 2012 – Patrick Mbau Karanja v Kenyatta University] on June 6, 2013. The Judge in dismissing the Petition found that the Petitioner’s right to education and to fair administrative action was not in way breached by suspension and nullification of his results due to non payment of fees. It was held; an admitted offender cannot later change his plea and blame the prosecutor for properly invoking the law. Further, The Bill of Rights should not be invoked where other remedies lie and simple matters of purely civil or criminal nature should be lodged at the High Court which has unlimited jurisdiction as envisaged in Article 165 (3) (a) of the Constitution.
The University was represented by Guto Mogere of Mohammed Muigai Advocates.