Republic v Disciplinary Committee Ex-Parte Karimi C. Njau [2014] KEHC 3734 (KLR)
- Court
- High Court of Kenya
- Case number
- 3734
- Citation
- [2014] KEHC 3734 (KLR)
- Decided
- 24 July 2014
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeCivil ApplicationPostureEx parte application for orders of certiorari, prohibition, and mandamusCoramThe Honourable The
Holding
The court found that the applicant was not served with the hearing notices and that the decision was procedurally unfair, thus granting the application.
Facts
The applicant, Karimi C. Njau, was instructed by complainants to file accident claims in Nairobi CMCC Nos. 13256 and 2609. She filed the cases on 24th November 2006 and 28th March 2007. In February 2008, the Complaints Commission sent her a letter alleging she delayed filing the cases and enclosed a letter dated 27th November 2006.
Issues
- Whether the applicant was served with hearing notices before the impugned decision was made.
- Whether the decision was procedurally fair and adhered to the rules of natural justice.
Reasoning
The court held that the rules of natural justice were violated as the applicant was not given an opportunity to be heard before the decision was made.
Outcome
The application was granted.
Orders
- An order of Certiorari to remove into the High Court and quash the decision of the Respondent.
- An order of Prohibition against the Respondent from proceeding with execution proceedings.
- An order of Mandamus compelling the Respondent to rescind its decision/orders.
- The costs of this application to be borne by the Respondent.
Remedies
- Quash the decision of the Respondent.
- Compel the Respondent to rescind its decision/orders.
- Bearing the costs of the application.
Authorities cited
Legislation (2)
- Advocates Act, Cap 16 of the Laws of Kenya
- Article 47(1) and (2) of the Constitution of Kenya
Cases cited (3)
- Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
- Council of Civil Unions vs. Minister for the Civil Service [1985] AC 2
- An Application by Bukoba Gymkhana Club [1963] EA 478
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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