Republic v Advocates Disciplinary Tribunal Ex-parte Wilberforce Nyaboga Mariaria [2016] KEHC 246 (KLR)
- Court
- High Court of Kenya
- Case number
- 246
- Citation
- [2016] KEHC 246 (KLR)
- Decided
- 2 November 2016
The court holds that the Respondent's disciplinary proceedings are not procedurally improper and that the issue of double jeopardy does not arise in the circumstances of this case.
Facts
The applicant, Wilberforce Nyaboga Mariaria, filed a disciplinary complaint against the Respondent Advocates Disciplinary Tribunal in 2014. During the pendency of the disciplinary proceedings, the Respondent also filed a civil claim (HCCC No. 196 of 2014) involving the same subject matter.
Issues
- Procedural impropriety in the Respondent's disciplinary proceedings
- Double jeopardy
Reasoning
The court considers the Respondent's jurisdiction to entertain complaints arising from the manner an advocate is handling a succession cause and rules that the issue of double jeopardy does not arise.
Outcome
The application for leave to apply for judicial review is dismissed.
Authorities cited
Cases cited (2)
- Owners and Masters of The Motor Vessel “Joey” vs. Owners and Masters of The Motor Tugs “Barbara” and “Steve B” [2008] 1 EA 367
- Official Receiver vs. Sukhdev Nairobi HCCC No. 423 of 1966 [1970] EA 243
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