Anziya Akula Laban v Attorney General & 2 others [2013] KEHC 1148 (KLR)
- Court
- High Court of Kenya
- Case number
- 1148
- Citation
- [2013] KEHC 1148 (KLR)
- Decided
- 14 November 2013
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPosturePetitioner seeks an order of prohibition against the respondent from arresting or prosecuting the petitioner.CoramSAID CHITEMBWE
Holding
The application is merited and the same is allowed. Each party to meet his/her own costs.
Facts
The petitioner is an Advocate who represented Alice Njeri Mbugua in a civil matter. The plaintiff in the suit was awarded damages, and the petitioner paid the plaintiff KShs.186,000/=. The petitioner contends that Alice Njeri Mbugua is using a relative who is a police officer to have the petitioner arrested and charged in court.
Issues
- Whether the petitioner should be arrested or prosecuted by the respondent.
- The proper way to resolve the dispute between the petitioner and Alice Njeri Mbugua.
Reasoning
The dispute arises from a civil matter and the only way to sort it out is to have the Advocate file his Bill of costs and have it taxed. Arresting and charging the advocate in court will not settle the dispute.
Outcome
Allowed
Orders
- Each party to meet his/her own costs.
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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