Ogato v Kisii University & 2 others (Judicial Review E015 of 2021) [2024] KEELRC 494 (KLR)

Article 159(2)(d) deprecates procedural technicalities; the Court adopted the position that separate file numbers for leave and the substantive Motion are a mere technicality. On locus standi, the matter raised a question of public interest on section 35(1)(a)(v), and the Respondents had not raised locus standi before the Court of Appeal when leave was granted.

Professor Wanyama cited four pending or determined proceedings in Eldoret, Kisumu and Kericho but did not place before the Court the pleadings and/or orders from those proceedings. Without that material the Court could not make a finding of res judicata or sub judice, and the Court of Appeal had expressly granted leave to commence these proceedings.

Section 35(1)(a)(v) of the Universities Act addresses appointments, not renewals. The Court of Appeal in Itolondo held that re-appointment of VCs did not require re-opening recruitment where prescribed criteria were complied with. Section 16(1) of the Kisii University Charter envisages renewal, and the Council, which evaluates performance, may renew without PSC or Cabinet Secretary involvement.