REPUBLIC V DISCIPLINARY COMMITTEE OF THE LAW SOCIETY OF KENYA EX-PARTE STEPHEN OWINO [2012] KEHC 3370 (KLR)
- Court
- High Court of Kenya
- Case number
- 3370
- Citation
- [2012] KEHC 3370 (KLR)
- Decided
- 8 March 2012
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for orders of Prohibition and CertiorariCoramW. K KORIR
Holding
The application succeeds and the prayers are granted. The respondent is ordered to have another chance to hear the complaint against the applicant.
Facts
The Disciplinary Committee of the Law Society of Kenya found Stephen Owino, an advocate, guilty of four counts in Misc. Cause No. D.C.C. No. 273 of 2007. The applicant sought judicial review orders prohibiting the committee from proceeding and quashing the decision.
Issues
- Fairness in the disciplinary proceedings
- Procedural justice in the hearing of the complaint
Reasoning
The court found that the applicant was not given a fair hearing due to his failure to cross-examine the witness and that the respondent should have indicated in the proceedings that the applicant had been given a chance to cross-examine the witness but had failed to do so.
Outcome
Application granted
Orders
- Order of Prohibition
- Order of Certiorari to remove to the High Court and quash the decision
Remedies
- Fair hearing for the applicant
Authorities cited
Legislation (2)
- Advocates Act
- Law Reform Act
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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