Moi University to continue offering law courses
By Faith Karanja | April 5th 2016
Moi University's law school students can continue with studies with the assurance that their certificates will be recognised after graduation.
The High Court allowed Moi University to continue offering law courses on grounds that the Council of Legal Education (CLE) has no jurisdiction to accredit or withdraw courses offered in local universities.
Justice George Odunga quashed last September's decision restraining Moi University and others from offering law degree course.
"CLE has no jurisdiction on its motion to suspend law courses offered in the said university or others," said Justice Odunga.
At the same time, the court directed that the council be reconstituted within 60 days failure to which it shall be deemed to be illegally in office.
The university moved to court complaining that the accreditation parameters purportedly used by the council to evaluate the LLB curriculum were unconstitutional.
It argued that the council did not issue a public notice inviting the public especially those likely to be affected by the decision to make representation to them regarding the intended closure.
The court heard that when Moi University was established in 1994, there were no external accreditation processes required. CLE had ordered the closure of the university's school of law after an inspection showed that it did not have the capacity to offer law courses.
The council's chief executive officer Kulundu Bitonye claimed that the institution performed poorly during the inspection of facilities and resources used to offer the law programme.
The council demanded that the university submits a closure plan in the next two months and to put in place a plan for either teaching out current students or transferring them to licensed institutions.
The court had earlier suspended the closure pending hearing and determination of the case. Commission for Legal Education had ordered closure of the institution for not meeting the required standards to offer legal education.
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