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Saint joseph school rapogi investment

Please Wait. The Applicants were Form Four students in the School when the impugned letters were issued. The letters followed a fire incident in the School which destroyed property worth over Kshs. The Applicants were charged and therefore the accused in the criminal case.

The Applicants challenged the letters and faulted the propriety of and the process of making the decision contained in the letters. The Respondent opposed the application. The matter was heard by way of written submissions where both parties complied and filed substantive submissions.

They further contended that the letters were done with impunity and in finality given that the Principal did not have the legal authority to indefinitely exclude the Applicants from the School. The Applicants also outlined the various processes towards final exclusion of students from Schools as provided in the Regulations and submitted that the Principal grossly faulted them. The Respondent submitted in support of the decision contained in the impugned letters and contended that the Principal acted within Regulation 38 b which allowed him to exclude any student from the School if the student engaged in acts of indiscipline likely to threaten the safety of the other students.

It is therefore for this Court to determine whether the Motion is merited but first the province of Judicial Review. The court should not act as a Court of Appeal over the decider which would involve going into the merits of the decision itself such as whether there was or there was not sufficient evidence to support the decisions. The above position was restated in Republic —vs- Kenya Revenue Authority exparte Yaya Towera Ltd eKLR with the holding that the remedy of judicial review is concerned with reviewing not the merits of the decisions of which the application of judicial review is made but the decision-making process itself.

Be that as it may, the grounds on which the Court exercises its judicial review jurisdiction have also been a subject of consideration by Courts. Acting without jurisdiction or ultra vires, or contrary to the provisions of a law or its principles are instances of illegality. It is, for example , illegality, where a Chief Administrator Officer of a District interdicts a public servant on the direction of the District Executive Committee, when the power to do so are vested by law in the District Service Commission….

Procedural impropriety is when there is a failure to act fairly on the part of the decision-making authority in the process of taking a decision. The unfairness may be in non-observance of the rules of natural justice or to act with procedural favour towards one to be affected by the decision. It may also involve failure to adhere and observe procedural rules expressly laid down in a statute or legislative instrument by which such authority exercises jurisdiction to make a decision.

This Court is alive to the truism that the grounds upon which it exercises its judicial review jurisdiction are incapable of exhaustive listing due to the developing jurisprudence and as so stated by the Court of Appeal in the case of David Mugo -vs- The Republic , Civil Appeal No. It is said that the grounds of judicial review can only be compared to the never-ending categories of negligence after the celebrated case of Donoglue vs Stephenson in the last century. The court will be called upon to intervene in situations where authorities and persons act in bad faith, abuse power, fail to take into account relevant considerations in the decision making or take into account irrelevant considerations or act contrary to legitimate expectation… Even on the important principle of establishing standing for the purposes of judicial review the courts must resist being rigid chained to the past defined situations of standing and look at the nature of the matter before them…..

Judicial review is a tool of justice, which can be made to serve the needs of a growing society on a case-to-case basis…The court envisions a future growth of judicial review in human rights arena where it is becoming crystal clear that human rights will evolve and grow with the society.

I believe I have said enough on the jurisdiction of this Court on judicial review. It is hence on the foregone that further discussions shall follow. The genesis of the impugned letters is by now well settled. The letters were issued at a time when the whole country underwent a spate of burning of Schools leading to colossal loss of property worth millions of shillings.

In some instances there were loss of lives. The School was not an exception. Police investigations were initiated and subsequently the Applicants were implicated in the arson and they were charged in the Case. Following the said events and for fear of further acts of arson since they were other people who were suspected to have taken part in the arson but were still at large, the Principal decided to, and excluded the Applicants from the School vide the impugned letters.

The Principal explained further that his decision was also made in the wider interests and safety of the other over students. The impugned letters were brief. In three lines they stated thus: -. In view of that he is not allowed back in school until the court process is over. Kindly take note. With many thanks. The impugned letters had the effect of excluding the Applicants from the School until after the conclusion of the Kenya Secondary Schools Examinations which examinations were scheduled to run from October to November In essence, the Applicants were to stay out of School until after the completion of their examinations.

How the Applicants were to sit for their examinations while they were out of the School remain unclear. The parties herein through their pleadings and submissions captured the various provisions of the law that guaranteed the right to free and compulsory education and how cases of indiscipline among students were to be handled. They ranged from Article 53 of the Constitution, Sections 4, 30, 34 and 35 of the Act to Regulations 30 to 84 inclusive. Regulations 38 provides as follows: -. The procedure for the disciplinary hearing after the issuance of the letter under Regulations 38 is provided for in Regulations 39 and Under Regulation 41 any party aggrieved by the resultant decision of the disciplinary process may appeal to the Education Appeals Tribunal.

The school admits children from various religious and ethnic groups after an eight-year primary cycle ending with the Kenya Certificate of Primary Education KCPE examination. The school is one of the giant school not only in southern Nyanza but also in the whole province. The academic performance of the school is very remarkable. Mary's School Yala. John O Awiti is the principal at Yala. From Wikipedia, the free encyclopedia. This article has multiple issues.

Please help improve it or discuss these issues on the talk page. Learn how and when to remove these template messages. This article's use of external links may not follow Wikipedia's policies or guidelines. Please improve this article by removing excessive or inappropriate external links, and converting useful links where appropriate into footnote references. May Learn how and when to remove this template message.

This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Provincial, public school in Sare, Migori County, Kenya. Migori County. This section is empty. You can help by adding to it. October Kenya portal Schools portal. Archived from the original on

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The letters followed a fire incident in the School which destroyed property worth over Kshs. The Applicants were charged and therefore the accused in the criminal case. The Applicants challenged the letters and faulted the propriety of and the process of making the decision contained in the letters. The Respondent opposed the application. The matter was heard by way of written submissions where both parties complied and filed substantive submissions. They further contended that the letters were done with impunity and in finality given that the Principal did not have the legal authority to indefinitely exclude the Applicants from the School.

The Applicants also outlined the various processes towards final exclusion of students from Schools as provided in the Regulations and submitted that the Principal grossly faulted them. The Respondent submitted in support of the decision contained in the impugned letters and contended that the Principal acted within Regulation 38 b which allowed him to exclude any student from the School if the student engaged in acts of indiscipline likely to threaten the safety of the other students.

It is therefore for this Court to determine whether the Motion is merited but first the province of Judicial Review. The court should not act as a Court of Appeal over the decider which would involve going into the merits of the decision itself such as whether there was or there was not sufficient evidence to support the decisions.

The above position was restated in Republic —vs- Kenya Revenue Authority exparte Yaya Towera Ltd eKLR with the holding that the remedy of judicial review is concerned with reviewing not the merits of the decisions of which the application of judicial review is made but the decision-making process itself.

Be that as it may, the grounds on which the Court exercises its judicial review jurisdiction have also been a subject of consideration by Courts. Acting without jurisdiction or ultra vires, or contrary to the provisions of a law or its principles are instances of illegality. It is, for example , illegality, where a Chief Administrator Officer of a District interdicts a public servant on the direction of the District Executive Committee, when the power to do so are vested by law in the District Service Commission….

Procedural impropriety is when there is a failure to act fairly on the part of the decision-making authority in the process of taking a decision. The unfairness may be in non-observance of the rules of natural justice or to act with procedural favour towards one to be affected by the decision. It may also involve failure to adhere and observe procedural rules expressly laid down in a statute or legislative instrument by which such authority exercises jurisdiction to make a decision.

This Court is alive to the truism that the grounds upon which it exercises its judicial review jurisdiction are incapable of exhaustive listing due to the developing jurisprudence and as so stated by the Court of Appeal in the case of David Mugo -vs- The Republic , Civil Appeal No. It is said that the grounds of judicial review can only be compared to the never-ending categories of negligence after the celebrated case of Donoglue vs Stephenson in the last century.

The court will be called upon to intervene in situations where authorities and persons act in bad faith, abuse power, fail to take into account relevant considerations in the decision making or take into account irrelevant considerations or act contrary to legitimate expectation… Even on the important principle of establishing standing for the purposes of judicial review the courts must resist being rigid chained to the past defined situations of standing and look at the nature of the matter before them…..

Judicial review is a tool of justice, which can be made to serve the needs of a growing society on a case-to-case basis…The court envisions a future growth of judicial review in human rights arena where it is becoming crystal clear that human rights will evolve and grow with the society. I believe I have said enough on the jurisdiction of this Court on judicial review. It is hence on the foregone that further discussions shall follow.

The genesis of the impugned letters is by now well settled. The letters were issued at a time when the whole country underwent a spate of burning of Schools leading to colossal loss of property worth millions of shillings.

In some instances there were loss of lives. The School was not an exception. Police investigations were initiated and subsequently the Applicants were implicated in the arson and they were charged in the Case. Following the said events and for fear of further acts of arson since they were other people who were suspected to have taken part in the arson but were still at large, the Principal decided to, and excluded the Applicants from the School vide the impugned letters.

The Principal explained further that his decision was also made in the wider interests and safety of the other over students. The impugned letters were brief. In three lines they stated thus: -. In view of that he is not allowed back in school until the court process is over. Kindly take note. With many thanks. The impugned letters had the effect of excluding the Applicants from the School until after the conclusion of the Kenya Secondary Schools Examinations which examinations were scheduled to run from October to November In essence, the Applicants were to stay out of School until after the completion of their examinations.

How the Applicants were to sit for their examinations while they were out of the School remain unclear. The parties herein through their pleadings and submissions captured the various provisions of the law that guaranteed the right to free and compulsory education and how cases of indiscipline among students were to be handled. They ranged from Article 53 of the Constitution, Sections 4, 30, 34 and 35 of the Act to Regulations 30 to 84 inclusive. Regulations 38 provides as follows: -.

The procedure for the disciplinary hearing after the issuance of the letter under Regulations 38 is provided for in Regulations 39 and Under Regulation 41 any party aggrieved by the resultant decision of the disciplinary process may appeal to the Education Appeals Tribunal. A letter issued pursuant to Regulations 38 must contain the following details: -. However, the letters did not have any return date before the Board but the Applicants were to stay out of the School since they were suspects until the finalization of the Case.

In , the school introduced a student council body. The school has 17 dorms with a capacity of 90 students per dorm. The latest development is the completion of a four-storey dormitory that has greatly eased congestion in the school. The school is a seven-streamed school in form one to three, the current form fours have a five-streamed class, a total of 26 classes.

With the Ministry's stipulated enrollment of 45 students per class, the total student population should therefore be However, the present population is slightly higher due to high demand. The school admits children from various religious and ethnic groups after an eight-year primary cycle ending with the Kenya Certificate of Primary Education KCPE examination. The school is one of the giant school not only in southern Nyanza but also in the whole province.

The academic performance of the school is very remarkable. Mary's School Yala. John O Awiti is the principal at Yala. From Wikipedia, the free encyclopedia. This article has multiple issues. Please help improve it or discuss these issues on the talk page.

Learn how and when to remove these template messages. This article's use of external links may not follow Wikipedia's policies or guidelines. Please improve this article by removing excessive or inappropriate external links, and converting useful links where appropriate into footnote references.

May Learn how and when to remove this template message. This article needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged and removed. Provincial, public school in Sare, Migori County, Kenya.

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In fact, Omindi is, as shown in this picture, twice the size he was in So yes, he was thin and Aol is 'full of jogoraphi'. Now, this night, we A group of Football lovers decided that we shall watch the Chelsea game by all means possible. Which Arsenal or Man Utd fan wouldn't want to see an enemy get a thrashing????

The only option available was to peep behind the dreaded staff-room. Being found doing this would get one some handsome hours of combi-beating in the staff-room, a stint at the cursed 'Gethsemane', a place where students gnawed their teeth, before being showered with a suspension letter that was served in an envelope that was without blemish.

We didn't care though. So we are behind the staff-room, and then Drogba almost scores! Why would Drogba want to do this to us?? Before the teachers even utter a word, illegal noises from behind the room roar to life. Immediately, we scatter for our dear lives. One thing I always liked about Rapogi was loyalty. Loyalty to "No Snitching! If you ever got caught, you didn't know anyone else, didn't see anyone else, didn't hear anyone else, hell didn't even believe there was anyone else in school.

So like the usual drill, we waited 5 minutes before starting to march back stealthily. This night however, something went amiss. Mark Ngao could see someone in the darkness, and to him, that was Manasseh Ochieng. So he starts shouting Chuja! I don't know how he got this Chuja nickname. No response. You are too afraid! As he got closer however, a loud noise hit his ears.

What does Omindi do after the voice hits him, he makes a dash back into the darkness. Now if you're thinking Aol is too fat to run, ask Omindi. These guys transversed though Rapogi for about 20 minutes, wit Omindi uttering "Eish! Those of us who had used Omindi as bait to know the situation out there were dying of laughter with our faces glued to the windows. Here is what Omindi needs to clarify. Legend has it that after seeing he couldn't sustain the run much longer, and remember he couldn't also go to his dormitory because that would narrow down the search party to one dormitory, a stupid idea came to his mind.

He dashed for an unfinished fence and jumped over, but when Aol came, all the over Kg of meat tripped over the fence and a deafening thud was heard. Now Mark Ngao, did Aol actually fall into a poodle that night and broke his nose???? We need to know. We were part of this. We want closure bana! Who can tell me which compound is this?

Jump to. Sections of this page. Accessibility help. Email or phone Password Forgotten account? Log In. Forgotten account? Not Now. Visitor Posts. Joseph Mutuku. The Motivated, the Dedicated: St. He answers the phone a bit differently …. Helping others feel joy during this uncertain time, brings joy in return to our students. Their cheery pictures brightened the day of 60 nursing home residents.

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Why Your Support Matters. Students take time to write what they are thankful for and tape the leaves to the tree as part of an exercise to focus on the things they are grateful for this season. The Motivated, the Dedicated: St. He answers the phone a bit differently …. Helping others feel joy during this uncertain time, brings joy in return to our students. Their cheery pictures brightened the day of 60 nursing home residents.

You can be the reason Lakota Children Dream! Join today. Our Programs. Residential Living. Quality Education. Cultural Awareness. Lakota Language. Religious Education.