The High Court in Nakuru has declined to issue other orders stopping the admission of 3,761 students into the Kenya Medical Training College’s campuses across the country.
Justice Janet Mulwa ruled that issuing interim orders parallel to the ones given by the Nairobi High Court on Thursday last week would be a duplication of conflicting orders.
“To cushion the danger of having courts of parallel jurisdiction issuing different orders, I hereby dismiss the application. After all, the application has been overtaken by events,” ruled Justice Mulwa.
In the suit, two students, David Mburu Mwangi and Anthony Thuita Mwai, had sued the KMTC management over its refusal to admit students selected by the Kenya Universities and Colleges Central Placement Service (KUCCPS).
The duo were seeking orders to halt the planned admissions of students by KMTC.
The two, through lawyer Mwangi Mukira, moved to court in July after KMTC refused to admit students selected by KUCCPS arguing that the body had no mandate to enrol students in its 42 colleges across the country.
They had also sued the Attorney-General.
TURNED DOWN BY KMTC
The two argued that the students made their applications online through KUCCPS, were shortlisted and their names and index numbers published in local dailies only for them to be turned down by KMTC.
They claimed that KMTC grossly contravened the law by refusing to admit the students and sought orders from the court compelling the body to stop its admissions pending the hearing and determination of the matter.
The court further ordered that it was prudent that parties proceed with the matter as filed in the Milimani Law Courts in Nairobi.
“Parties should await final orders on the application as may be granted in the matter pending at Milimani courts,” said Justice Mulwa in her ruling.
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The judge said parties in the case will, however, be at liberty to move to court if they are dissatisfied with the outcome of the application filed in the Nairobi High Court.
In Nairobi, Justice Joseph Onguto on Thursday last week issued interim orders halting the admissions of students seeking to pursue various medical courses until the matter is determined.
Justice Onguto ruled that the students should not report to any of the KMTC colleges until a case filed by KUCCPS is heard and determined.
The case in Nairobi is scheduled to be heard on September 17. Nation