Albino Mathom Aboug v Attorney General & 2 others [2018] KEHC 9807 (KLR)
- Court
- High Court of Kenya
- Case number
- 9807
- Citation
- [2018] KEHC 9807 (KLR)
- Decided
- 30 November 2018
The court held that the High Court does not have jurisdiction to grant the order of stay and that the order amounted to supervising another Superior Court decision.
Facts
The petitioner and 2nd and 3rd respondents had a client/advocate relationship. The 2nd and 3rd respondents were found guilty by the Advocates Disciplinary Committee and sought judicial review in High Court. The High Court dismissed the review case. The petitioner then sought an order restraining the Advocates Disciplinary Committee from proceeding with the sentence.
Issues
- Whether the High Court has jurisdiction to grant the petitioner's order restraining the Advocates Disciplinary Committee from proceeding with the sentence.
- Whether the High Court's order of stay in HCCC No 544 of 2013 was a supervisory jurisdiction over another Superior Court decision.
Reasoning
The court considered the jurisdiction of the High Court under Article 165(3) of the constitution and the principles of constitutional litigation. It held that the petitioner's case was not sufficiently precise in identifying the provisions of the constitution that were allegedly infringed.
Outcome
The High Court's order of stay was quashed.
Orders
- The High Court's order of stay in HCCC No 544 of 2013 was quashed.
Authorities cited
Legislation (1)
- Article 165(3) of the Constitution of Kenya
Cases cited (5)
- Anarita Karimi Njeru v Republic (1979) KLR 154
- Meme v Republic (2004) 1 KLR637
- Saili v National Commissioner of South African Police Service & others (2014) ZACC19
- Phillips & others v National Director of Public Prosecutions (2005) ZACC 15
- Mumo Matemu v Trusted Society of Human Rights Alliance & 5 others (2013) eKLR
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