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Court halts closure of KIM campuses as institute challenges TVETA directive

The High Court has temporarily halted the closure of campuses operated by the Kenya Institute of Management (KIM), offering the institution a reprieve in a fast-escalating dispute with the Technical and Vocational Education and Training Authority (TVETA).

In directions issued on April 22, Justice W. Musyoka granted KIM leave to pursue judicial review proceedings challenging TVETA’s decision to revoke its accreditation and order the immediate shutdown of all its campuses.

The court further ordered that the leave operates as a stay, effectively suspending the regulator’s directive issued on April 20 pending further proceedings.

The case will be mentioned on April 29 for compliance and further directions, with the substantive motion to be filed within seven days.

“I have seen, read and considered the certificate of urgency, the ex parte chamber summons, the statutory statement and the verifying affidavit, all dated 21st April 2026, together with the annexures. The matter shall be mentioned, on 29th April 2026, for compliance and further directions,” Justice Musyoka ruled.

KIM, through its lawyers Kiarie Kariuki & Githii Advocates, moved to court under a certificate of urgency, arguing that TVETA’s actions were unlawful, procedurally unfair and outside its statutory mandate.

In its filings, the institute contends that the revocation of its accreditation and the closure order were made “without just cause”, prior notice or a hearing, in breach of the rules of natural justice and fair administrative action.

It argues that the regulator acted ultra vires and failed to follow procedures set out under Sections 36 and 37 of the TVET Act.

KIM further challenges a public notice issued by TVETA declaring that certificates, diplomas and other qualifications issued by the institute after 2018 are not recognised for employment, further education or professional advancement.

The institute maintains that the regulator lacks legal authority to nullify qualifications in such a manner.

The institution says it has operated since 1954 and has consistently maintained accreditation, including receiving approvals as recently as October 2025, with some licences reportedly valid until 2031.

It argues this created a legitimate expectation that its operations would continue within the law.

According to the application, TVETA’s directive triggered significant disruption, including loss of business, closure of accounts by banks and service providers, and distress among students and stakeholders.

KIM also maintains that some of its activities — including professional certifications, corporate training and research — fall outside TVETA’s regulatory scope.

In its closure notice issued on April 20, TVETA defended the decision, stating that KIM had been offering unapproved programmes and awarding qualifications without proper accreditation, contrary to the TVET Act.

The authority also alleged that the institute engaged trainers without valid licences.

“The public is hereby notified that KIM does not have the legal mandate to award qualifications. Consequently, any certificates, diplomas, or other qualifications obtained from the institution beyond 2018 are not recognised for purposes of employment, further education, or professional advancement,” TVETA said.

The regulator said the action was necessary to safeguard the integrity and quality of training, warning the public against enrolling in unaccredited programmes.

The court’s interim orders now set the stage for a legal battle that will determine the scope of TVETA’s powers and the future of KIM’s operations.

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