Republic v Disciplinary Committee & Paul Musili Wambua Ex parte John Katiku (Judicial Review Application 426 of 2018) [2019] KEHC 4783 (KLR) (Judicial Review) (29 July 2019) (Judgment)
- Court
- High Court of Kenya
- Case number
- 4783
- Citation
- [2019] KEHC 4783 (KLR)
- Decided
- 29 July 2019
The court finds that the Applicant's application is not properly before the court and that the Disciplinary Committee did not make an error in law. The Applicant is not entitled to the reliefs sought.
Facts
The Applicant, John Katiku, was an advocate who filed a complaint against his former partner, Prof. Paul Musili Wambua, with the Law Society of Kenya Disciplinary Committee. Wambua had issued notices of retirement and made allegations against Katiku.
Issues
- Whether the Applicant's application is properly before the court
- Whether the Disciplinary Committee made an error in law in its ruling
- Whether the Applicant is entitled to the reliefs sought
Reasoning
The court determines that the Applicant is not an advocate for the purposes of the judicial review application and that the instant proceedings are not properly instituted. The court also finds that the Applicant did not exhaust alternative remedies as required by law.
Outcome
The application is dismissed
Authorities cited
Legislation (3)
- Advocates Act
- Fair Administrative Action Act
- Constitution of Kenya, 2010
Cases cited (2)
- Geoffrey Muthinja Kabiru & 2 Others v Samuel Munga Henry & 1756 Others [2015] e KLR
- Speaker of National Assembly v Karume (1992) KLR 21
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