The High Court has temporarily stopped the closure of campuses operated by the Kenya Institute of Management (KIM), offering the institution a major reprieve in its dispute with the Technical and Vocational Education and Training Authority.
Court Grants Temporary Relief
In directions issued on April 22, Justice W. Musyoka granted KIM permission to proceed with judicial review proceedings challenging TVETA’s decision to revoke its accreditation.
The court further ordered that the leave operates as a stay, effectively suspending the regulator’s directive issued on April 20 that had ordered the immediate shutdown of all KIM campuses.
Next Court Mention
The matter is scheduled to be mentioned on April 29 for compliance and further directions, with KIM required to file its substantive motion within seven days.
“I have seen, read and considered the certificate of urgency… the matter shall be mentioned on April 29 for compliance and further directions,” Justice Musyoka ruled.
KIM Challenges TVETA Decision
Through its lawyers, Kiarie Kariuki & Githii Advocates, KIM moved to court under a certificate of urgency, arguing that TVETA’s actions were unlawful and procedurally unfair.
The institute claims the revocation of its accreditation and closure order were made without prior notice or a hearing, violating principles of natural justice and fair administrative action.
Claims of Legal Overreach
KIM further argues that TVETA acted outside its statutory mandate, failing to follow procedures outlined under Sections 36 and 37 of the TVET Act.
Additionally, the institute is contesting a public notice by TVETA declaring that certificates and diplomas issued by KIM after 2018 are not recognised for employment, further education, or professional advancement.
KIM maintains that the regulator lacks the legal authority to nullify qualifications in such a manner.
Dispute Raises Sector Concerns
The case has sparked concern within the education sector, particularly among students and alumni whose qualifications could be affected by the outcome.
The High Court’s interim orders now pause the enforcement of TVETA’s directive as the legal battle unfolds.
