The ruling by the Court of Appeal now allows Mr Chikira to pursue his judicial review afresh, with the case being referred to a new High Court judge for determination
Arusha. Former Higher Education Students’ Loans Board (HESLB) official, Mr Chikira Jahari, has secured a major legal victory after the Court of Appeal overturned the High Court’s decision that had denied him permission to file a judicial review challenging his dismissal from the Board.
The three-judge panel, led by Judge Barke Sehel, annulled the earlier ruling and directed that the case be returned to the High Court to be heard by a different judge, siding with Mr Chikira’s appeal.
Mr Chikira, who served as Assistant Director of Loan Allocation at HESLB, was dismissed following allegations that between January 2014 and 2016 he failed to properly coordinate the review of loan eligibility.
This, allegedly, led to the disbursement of over Sh2.254 billion to 294 students at Saint Joseph University (SJUIT) who did not meet the required criteria, causing financial loss to the government.
He initially filed for judicial review after the High Court rejected his application in December 2020. His appeal named HESLB, the Public Service Commission, the Chief Secretary, and the Attorney General as respondents.
Appeal arguments
In the Court of Appeal, Mr Chikira argued that the High Court judge had prematurely ruled on a review application that had not yet been formally filed, overstepping jurisdiction by addressing the merits of the case at an early stage.
He cited procedural irregularities, including the withholding of an investigation report against him and the improper application of the 2014/15 loan allocation guidelines.
The respondents’ lawyer agreed that the High Court had considered irrelevant matters in making its decision, supporting Mr Chikira’s claim that the case should be returned for fresh determination.
Court of Appeal ruling
Judge Sehel said that the High Court had exceeded its jurisdiction by assessing the merits of the case prematurely. The Court of Appeal therefore allowed Chikira’s appeal, set aside the contested decision of December 17, 2020, and remitted the record to the High Court to be heard before a different judge.
“For the reasons stated, we allow this appeal, set aside the contested High Court decision, and remit the record for fresh determination before a different judge,” Judge Sehel said.
Mr Chikira joined HESLB in 2006 as a Senior Loan Officer, was promoted to Dodoma Regional Manager, and in January 2014 became Assistant Director of Loan Allocation.
He was suspended in June 2018 after a disciplinary panel found him guilty of failing to execute his responsibilities and gross negligence in service delivery. Subsequent appeals to the Public Service Commission and the President were rejected.
