The High Court of Kenya has suspended the revocation of Kenya Institute of Management (KIM) accreditation and closure of its campuses pending the determination of the case.
KIM challenged the decision, saying the actions are unreasonable, uncalled for, and unfair to the institution, its students, and other accounts benefiting from the provision of its services.
Justice Musyoka, sitting at the Milimani High Court on Wednesday, April 22, certified the matter as urgent and granted KIM leave to commence judicial review proceedings against the Technical and Vocational Education and Training Authority’s (TVETA) decision.
Court Suspends on Closure of KIM by TVETA
The judge directed that the leave granted would operate as a stay of the contested decision, effectively suspending the revocation and closure orders pending the hearing and determination of the case
“In the meantime, there shall be stay in terms of prayer 5 if the ex-parte chamber summons,” the court said.
“I have seen, read and considered the certificate of urgency, the ex parte chamber summons, the statutory statement and the verifying affidavit together with the annexures,” read part of the ruling.
“The honourable court be pleased to grant leave to apply for judicial review… to quash the decision of the respondent to revoke the applicant’s accreditation. In the meantime, there shall be a stay in terms of prayer 5 of the ex parte chamber summons.”
The case will be mentioned on April 29 for further directions.
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The development comes after TVETA on April 20, announced the revocation of accreditation for all KIM campuses, accusing the institution of offering and awarding academic and professional programmes without valid regulatory approval.
It added that KIM has continued to offer unapproved programmes from those certified by the Technical and Vocational Education and Training Curriculum Development, Assessment and Certification Council (TVET CDACC).
Further, the authority stated that the institution’s certificates, diplomas or other qualifications beyond 2018 would not recognised for purposes of employment, further education or professional advancement.
“Any certificates, diplomas, or other qualifications obtained from the institution beyond 2018 are not recognized for purposes of employment, further education, or professional advancement,” the statement read in part.
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KIM Argument
KIM challenged the decision saying the actions are unreasonable, uncalled for and unfair to the institution, its students and other accounts benefitting from the provision of its services.
The institution, through its urgent application dated April 21, sought the court’s intervention to challenge the decision by way of judicial review, including by way of orders of certiorari and prohibition.
“The revocation of the accreditation is in contravention of the provisions of section 36 and 37 of the TVET Act,” the institution said in the application.
It added that it would suffer serious and significant loss of business and closure of accounts as a direct result of the authority’s actions
KIM, which was started in 1954 said it has over 10,000 members and more than 70,000 graduates.
The institution said it has acquired and maintained accreditation from TVETA over the years, which created a legitimate expectation that it will continue operation within the bounds of the accreditation.
“In the circumstances, the issuance of the notice and the press release purporting the closure of all of the applicant’s campuses is not only illegal but has caused anxiety amongst students, corporates, and other institutions, culminating in suspension and closure of accounts by the bank and service providers,” KIM said.
