Republic v Disciplinary Tribunal of the Law Society of Kenya Exparte John Wacira Wambugu; Patrick Mweu Musimba (Interested Party) [2020] KEHC 519 (KLR)
- Court
- High Court of Kenya
- Case number
- 519
- Citation
- [2020] KEHC 519 (KLR)
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeJudicial ReviewPostureEx parte Application for Leave to Commence Judicial Review ProceedingsCoramDyson L., Maraga, Waki
Holding
The ex parte Applicant is granted leave to apply for an order of Certiorari to quash the decision of the Law Society of Kenya Disciplinary Tribunal.
Facts
The ex parte Applicant, John Wacira Wambugu, seeks leave to commence judicial review proceedings against the Disciplinary Tribunal of the Law Society of Kenya. He claims that the impugned order requiring him to deposit Kshs 11,279,287/= within 30 days is urgent.
Issues
- Whether the ex parte Applicant has demonstrated an arguable case for leave to commence judicial review proceedings.
- Whether the grant of leave 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. The grant of leave is discretionary but should be exercised judiciously.
Outcome
The ex parte Applicant is granted leave to apply for an order of Certiorari.
Orders
- The ex parte Applicant is granted leave to apply for an order of Certiorari to quash the decision of the Law Society of Kenya Disciplinary Tribunal.
- Prayer 3 of the Chamber Summons dated 10th December 2020 seeking orders that the grant of leave do operate as a stay of the direction of the Respondent herein directing the Applicant to deposit the sum of Kshs. 11,279,287/ = with the Respondent shall be heard at an inter partes hearing to be held on 28th January 2021.
- The ex parte Applicant shall file and serve the Respondent and Interested Party with (i) the substantive Notice of Motion, (ii) the Chamber Summons dated 10th December 2020 and skeletal submissions on prayer 4 thereof, (iii) a copy of this ruling, and (iv) a hearing notice, within fourteen (14) days from today’s date.
Remedies
- To quash the decision of the Law Society of Kenya Disciplinary Tribunal.
Authorities cited
Legislation (1)
- Order 53 Rule 1 of the Civil Procedure Rules
Cases cited (5)
- Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others, Mombasa HCMCA No. 384 of 1996
- Sharma vs Brown Antoine (2007) I WLR 780
- Jared Benson Kangwana vs. Attorney General, Nairobi HCCC No. 446 of 1995
- Taib A. Taib vs. The Minister for Local Government & Others Mombasa HCMISCA. No. 158 of 2006
- R (H). vs Ashworth Special Hospital Authority (2003) 1 WLR 127
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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