Mwiru v National Council For Higher Education and 2 Ors
Mwiru v National Council For Higher Education and 2 Ors (Miscellaneous Cause No. 62 of 2015) [2015] UGHCEP 7 (25 January 2015)
The High Court has jurisdiction to inquire into the validity of academic qualifications presented for equivalence by NCHE, but not to interfere with the statutory mandate of NCHE to equate such qualifications. The applicant, as a registered voter and sitting Member of Parliament, has locus standi to challenge the decision. The application is not res judicata, as previous litigation did not address the validity of the 3rd respondent's qualifications. Legal Notice No. 12 of 2015 is applicable retrospectively but does not affect the outcome, as the relevant clause allows NCHE discretion in appro…
Source excerpt
- Judicial Review Of Statutory Body
- Equivalence Of Academic Qualifications
- Election Eligibility Disputes
- Procedural Locus Standis
- Res Judicata Principle