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Republic v Disciplinary Tribunal of the Law Society of Kenya; Patrick Mweu Musimba (Interested Party) Ex parte John Wacira Wambugu [2021] KEHC 9366 (KLR)

[2021] KEHC 9366 (KLR) High Court of Kenya
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Court
High Court of Kenya
Case number
9366
Citation
[2021] KEHC 9366 (KLR)
Decided
12 January 2021
AI Summary Beta Machine-generated — may contain errors. Not legal advice.
TypeJudicial Review ApplicationPostureApplication for Leave to Apply for CertiorariCoramWaki J. (as he then was)
Holding

The ex parte Applicants’ Chamber Summons application dated 25 September 2020 is accordingly denied, and is hereby dismissed with costs.

Facts

The Applicant, John Wacira Wambugu, seeks leave to apply for orders of Certiorari to quash the decision of the Law Society of Kenya Disciplinary Tribunal denying him a stay of proceedings pending taxation of bills of cost. The case arises from a complaint made by Patrick Mweu Musimba.

Issues

  1. Whether the Applicant has made an arguable case for leave to commence judicial review proceedings.
  2. Whether the Applicant merits the stay orders sought.

Reasoning

The Court found that the Applicant has not made an arguable case for leave to commence judicial review proceedings and that the Respondent’s decision was within its discretion.

Outcome

Denied

Orders

  • Application for leave to apply for Certiorari denied

Authorities cited

Legislation (2)
  • Civil Procedure Rules
  • Advocates Act
Cases cited (7)
  • Republic vs. County Council of Kwale & Another Ex Parte Kondo & 57 Others
  • Council For Civil Service Unions vs Minister for Civil Service
  • Municipal Council Of Mombasa vs Republic & Umoja Consultants Ltd
  • Sigei K. Hillary and Another vs. The Law Society of Kenya Disciplinary Tribunal and Another J.R. Misc. Civil Application No. 325 of 2019
  • Paul Musili Wambua vs. Disciplinary Committee & Another
  • Republic vs. Disciplinary Tribunal of the Law Society of Kenya & 2 Others Ex-parte John Wacira Wambugu
  • Section 62 of the Advocates Act
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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