John Maina Mburu v Disciplinary Tribunal of the Law Society of Kenya & another [2016] KECA 430 (KLR)
- Court
- Court of Appeal
- Case number
- 430
- Citation
- [2016] KECA 430 (KLR)
The court finds that the applicant’s application is premature and that the best forum for raising the question of jurisdiction is before the tribunal hearing the matter after which the applicant can appeal or apply for judicial review of the decision.
Facts
The applicant, John Maina Mburu, filed a Judicial Review application in the High Court seeking an order of certiorari to quash the decision of the Disciplinary Tribunal of the Law Society of Kenya requiring him to appear before the Disciplinary Committee on 20th July 2015 to take plea on a complaint by John Francis Njomo. The complaint related to an agreement of sale of a house between Njomo and Tetezi Housing Limited, in which Mburu was a shareholder.
Issues
- Whether the applicant’s application is premature.
- Whether the Disciplinary Tribunal has jurisdiction over the applicant as an advocate of the High Court of Kenya.
Reasoning
The court determined that there was no sufficient material before it to determine the question of jurisdiction and that the best forum for raising the question of jurisdiction was before the tribunal hearing the matter.
Outcome
The application for stay of execution pending the lodging, hearing and determination of an intended appeal is dismissed.
Orders
- The applicant’s application for stay of execution pending the lodging, hearing and determination of an intended appeal is dismissed.
- The applicant is ordered to pay the costs of the respondents.
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