On May 30, 2013 Lady Justice Mumbi Ngugi delivered her Judgment in Petition No. 306 of 2012 – Ochieng’ Kenneth K’Ogutu vs Kenyatta University & 2 others. This was a Petition to challenge a decision to expel a student. The challenge was based on an allegation of violations of fundamental rights. Finding in favour of the University, the Judge recognized that although the Constitution does not place any express time limitation for an action for enforcement of fundamental rights, an inordinate an unexplained delay would be unlikely to find favour with the Court. Although the Petition was dismissed on its merits, the decision is interesting because Court went so far as to suggest that even if a violation of rights had been disclosed, the ten year delay in bringing the claim would have been difficult to entertain. The suggestion is that where on the facts, the cause of action has an applicable statutory limitation, (as for instance the 6 months for Judicial Review in this case), the Court would be inclined to dismiss the matter.
Guto Mogere of Mohammed Muigai Advocates acted for the Respondent University.