Republic v Advocates’ Disciplinary Committee Interested Party Daniel Mutisya Ngala Ex-Parte Danstan Omari Mogaka [2015] KEHC 8347 (KLR)
- Court
- High Court of Kenya
- Case number
- 8347
- Citation
- [2015] KEHC 8347 (KLR)
- Decided
- 14 October 2015
The application is dismissed as the Applicant has not established a case for grant of judicial review orders
Facts
The Respondent, Advocates’ Disciplinary Committee, issued a notice for plea to the ex parte Applicant, Danstan Omari Mogaka, in Disciplinary Cause No. 35 of 2015. The Interested Party, Daniel Mutisya Ngala, had lodged a complaint against Mogaka. Mogaka responded to the complaint and argued that the Respondent had no jurisdiction to handle the complaint.
Issues
- Whether the Respondent has jurisdiction to handle the complaint against Mogaka
- Whether the Respondent’s decision to issue the notice for plea was valid
Reasoning
The court found that the Respondent’s decision to issue the notice for plea was within its jurisdiction as per the Advocates Act. The court also noted that the jurisdiction of the Disciplinary Tribunal is conferred by the Constitution or statute and cannot be usurped by the court.
Outcome
Application dismissed
Authorities cited
Legislation (1)
- Advocates Act
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