Republic v The Disciplinary Tribunal of The Law Society of Kenya Ex Parte Raikundalia Ashna [2016] KEHC 8120 (KLR)
- Court
- High Court of Kenya
- Case number
- 8120
- Citation
- [2016] KEHC 8120 (KLR)
- Decided
- 7 October 2016
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureApplication for Certiorari, Prohibition and MandamusCoramOmolo
Holding
The court finds that the applicant was not served with the hearing notices and that she was not afforded an opportunity to be heard. The court grants the application for certiorari and prohibition.
Facts
The applicant, Raikundalia Ashna, was accused of professional misconduct by Ruthcode Krishnaiyer Seshadri and Prrema Sheshardi. The applicant claims she was not served with the complaint and that her advocate appeared on her behalf.
Issues
- Whether the applicant was served with the hearing notices subsequent to the proceedings of 14th April, 2014.
- Whether the applicant was afforded an opportunity to be heard by the disciplinary tribunal.
Reasoning
The court held that the onus is on the applicant to establish that the orders should be granted, and in this case, the absence of proceedings makes it impossible to verify the applicant's claims.
Outcome
The court grants the application for certiorari and prohibition.
Orders
- To remove the decision of the respondent into this court for the purposes of being quashed.
- To prohibit the respondent from proceeding with any disciplinary action against the applicant and/or sentencing the applicant with regard to the disciplinary cause.
Remedies
- To remove the decision of the respondent into this court for the purposes of being quashed.
- To prohibit the respondent from proceeding with any disciplinary action against the applicant and/or sentencing the applicant with regard to the disciplinary cause.
Authorities cited
Legislation (3)
- Law Reform Act Cap 26 of the Laws of Kenya
- Civil Procedure Rules, 2010
- Advocates Act, Cap 16 of the Laws of Kenya
Cases cited (1)
- East African Community vs. Railways African Union (Kenya) and Others (No. 2) Civil Appeal No. 41 of 1974 [1974] EA 425
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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