Republic v Disciplinary Tribunal & 3 others Ex Parte Julius Ndugi Kirubi [2018] KEHC 6386 (KLR)

Facts

The Applicant, Julius Ndugi Kirubi, was found guilty by the Disciplinary Tribunal of withholding Kshs 2,000,000/= from the Interested Party, Jitad Premchard Shah, and ordered to refund the sum together with interest. The Applicant sought judicial review of the decision.

Issues

1. Whether the Applicant's rights to a fair hearing and fair administrative action were breached by the Disciplinary Tribunal's decision.
2. Whether the Disciplinary Tribunal's decision was illegal, irrational, and in error.

Reasoning

The Court of Appeal's decision in Kenya National Examinations Council vs. Republic Ex parte Geoffrey Gathenji Njoroge & 9 Others [1997] eKLR established the nature of the remedies sought of certiorari and prohibition. An order of certiorari can quash a decision already made, while an order of prohibition is forward-looking and lies to restrain an inferior tribunal from assuming jurisdiction or doing that which it is not authorised by law to do.

Outcome

The Court found that the only aspects of the decision that can be subject to an order of prohibition are the said payment and the order that mitigation and sentencing of the Applicant was to take place on 5th February 2018, which are the only aspects of the decision that are outstanding.

Authorities cited