Republic v Law Society of Kenya & another Ex Parte Neddie Eve Akello; Marianne Jebet Kitany (Interested Party) [2020] KEHC 2287 (KLR)
- Court
- High Court of Kenya
- Case number
- 2287
- Citation
- [2020] KEHC 2287 (KLR)
- Decided
- 18 September 2020
The ex parte Applicant is entitled to the leave sought to commence judicial review proceedings against the Respondent.
Facts
The ex parte Applicant, Neddie Eve Akello, is an Advocate of the High Court of Kenya. She is aggrieved by the decisions of the Law Society of Kenya and the Society's Disciplinary Tribunal, which resulted in the issue of a Notice for the ex parte Applicant to appear before the Disciplinary Tribunal.
Issues
- Whether the ex parte Applicant has demonstrated that the matter is urgent.
- Whether the grant of leave to commence judicial review proceedings can operate as a stay of the impugned report.
Reasoning
The Court found that the ex parte Applicant has met the threshold of an arguable case and is therefore entitled to the leave sought to commence judicial review proceedings. The grant of leave is discretionary but the Court should exercise such discretion judiciously.
Outcome
The ex parte Applicant is granted leave to commence judicial review proceedings against the Respondent.
Orders
- The electronic copies of pleadings and documents sent by the parties shall be clearly and correctly titled to indicate the J.R Case Number, the description of the Party sending it, and the nature of the pleading or document.
- The service of pleadings and documents directed by the Court shall be by way of personal service and electronic mail.
- The parties shall be required to file and send to the Deputy Registrar of the Judicial Review Division their respective affidavits of service evidencing personal service.
- The Deputy Registrar of the Judicial Review Division shall put this matter on the Division’s causelist for mention on 9th November 2020.
- The Deputy Registrar of the Judicial Review Division shall send a copy of these directions to the Applicant by electronic mail by close of business on Friday, 18th September 2020.
Authorities cited
Cases cited (6)
- Order 53 Rule 1 of the Civil Procedure Rules
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
- R (H). vs Ashworth Special Hospital Authority
- Taib A. Taib vs. The Minister for Local Government & Others
- Jared Benson Kangwana vs. Attorney General
- Republic vs Cabinet Secretary for Transport & Infrastructure & 4 Others ex parte
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