Odundo & 3 others v Havi & 20 others; Emukule & 22 others (Interested Parties) (Constitutional Petition 22 & E260 of 2021 & E379 of 2020 (Consolidated)) [2021] KEHC 431 (KLR) (Constitutional and Human Rights) (20 December 2021) (Judgment)
- Court
- High Court of Kenya
- Case number
- 431
- Citation
- [2021] KEHC 431 (KLR)
- Decided
- 20 December 2021
AI Summary
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Machine-generated — may contain errors. Not legal advice.
TypeConstitutional PetitionPostureAppeal from the High Court at Nairobi (Milimani Law Courts)CoramAC MRIMA, Gajendragadkar, Lenaola, Mativo, Nyamweya, Ogola, Rawal, The, Warsame
Holding
The petition is not barred by the doctrine of exhaustion and the issues raised are within the exclusive jurisdiction of the High Court.
Facts
The petitioners seek to enforce their rights to legal representation and the right of Advocates to earn a living, alleging breaches of the Constitution and seeking declarations and interdicts.
Issues
- Whether the Council of the Law Society of Kenya was duly constituted
- Whether a resolution of the Council was required to refer a dispute to arbitration
- Whether an arbitrator could determine constitutional issues
- Nature and rationale of the doctrine of res judicata
- Whether the President of the Law Society was the spokesperson
- Procedures for requisitioning, convening, and holding of Special General Meetings
- Whether the agenda of a Special General Meeting could be amended
- Nature of the rule of law
- Whether the right to practice law is a right or fundamental freedom
Reasoning
The court found that the issues raised in the petition are of serious constitutional nature and transcend the purview of an arbitrator, thus not being within the jurisdiction of the arbitrator(s).
Outcome
The petition is not barred by the doctrine of exhaustion.
Orders
- The Branch Chairs Caucus shall convene and hold meetings including general meetings in attending to the affairs of the Law Society of Kenya.
- The Branch Chairs Caucus shall take over the role of the Council for the remainder of the term of the Council.
- The Chairperson of the Branch Chairs Caucus shall preside over all general meetings of the Society and exercise the powers of the President of the Law Society of Kenya.
- Each party shall bear its own costs.
Remedies
- Declaration that the 2nd to 13th respondents have jointly and severally acted contrary to the Constitution and are unfit to hold public office with the LSK and any other public office.
- Structural interdict to be supervised by the court.
Authorities cited
Legislation (3)
- Law Society of Kenya Act, 2014
- Fair Administrative Actions Act
- Evidence Act
Cases cited (1)
- Nairobi High Court Constitutional Petition No E406 of 2020 Renita Choda v Kirit Kapur Rajput (2021) eKLR
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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