Republic v Disciplinary Committee & 2 others Ex-parte Christopher Auka Abele [2016] KEHC 4335 (KLR)
- Court
- High Court of Kenya
- Case number
- 4335
- Citation
- [2016] KEHC 4335 (KLR)
- Decided
- 11 July 2016
The Court denies the application for judicial review.
Facts
The applicant, Christopher Auka Abele, was convicted for failing to account to a client in the sum of Kshs 69,500 in 2013. The Disciplinary Committee made an order for attachment of one-third of his salary, but he opted for a standing order of Kshs 25,000 for 4 monthly payments. The Law Society of Kenya and the Attorney General denied receiving the standing order.
Issues
- Whether the decision to remove the case to the High Court for quashing is justified.
- Whether the respondents should have opted for alternative dispute resolution mechanisms.
- Whether the respondents have the jurisdiction to entertain complaints against the applicant in his professional capacity.
Reasoning
The applicant has not addressed the Court on any grounds warranting judicial review relief. The Court exercises discretion judicially, based on evidence and sound legal principles, and finds no illegality, irrationality, or procedural impropriety in the respondents' actions.
Outcome
The application for judicial review is dismissed.
Authorities cited
Legislation (4)
- Law Reform Act (Cap 26)
- Civil Procedure Rules
- Advocates Act (Cap 16)
- Constitution of Kenya
Cases cited (2)
- Pastoli vs. Kabale District Local Government Council and Others [2008] 2 EA 300
- An Application by Bukoba Gymkhana Club [1963] EA 478
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