[2025] KEHC 2598 (KLR)
The court declined to grant interim reliefs or enlargement of time at this stage because the Originating Motion was filed out of time and not all necessary parties had been enjoined or served. The court held that it is a fundamental principle of justice that all affected parties must be given an opportunity to be...
Source-derived case information.
- Citation
- [2025] KEHC 2598 (KLR)
- Parties
- Applicant: Billy Amendi Amugune; Respondent: The Advocates Disciplinary Tribunal
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E024 of 2025
- Procedural Posture
- Judicial Review Application / Ruling on Interlocutory Application for Enlargement of Time and Interim Reliefs
- Outcome
- Interim reliefs and enlargement of time declined at this stage; directions issued for joinder and service.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review, Enlargement of Time, Interim Reliefs, Joinder of Parties
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Billy Amendi Amugune
Applicant
The Advocates Disciplinary Tribunal
Respondent
Procedural Posture
Judicial Review Application / Ruling on Interlocutory Application for Enlargement of Time and Interim Reliefs
Legal Issues
- 1 Whether the court should grant interim reliefs and enlargement of time to file the Originating Motion out of time.
- 2 Whether necessary parties have been properly enjoined to the proceedings.
Ratio Decidendi
The court declined to grant interim reliefs or enlargement of time at this stage because the Originating Motion was filed out of time and not all necessary parties had been enjoined or served. The court held that it is a fundamental principle of justice that all affected parties must be given an opportunity to be heard before substantive orders are made. Accordingly, the court directed that the Chief Registrar of the Judiciary, the complainant before the Advocates Disciplinary Tribunal, and the Law Society of Kenya be enjoined to the proceedings. The court further ordered that all parties be served and given an opportunity to respond before the application for enlargement of time and...
Court Disposition
Interim reliefs and enlargement of time declined at this stage; directions issued for joinder and service.
Orders
- The Chief Registrar of the Judiciary is enjoined as a respondent.
- The complainant before the Advocates Disciplinary Tribunal, Mr. Joseph Njeru, is enjoined as an interested party.
Full Case Text
Judgment text and source record
21 paragraphs
Amugune v Advocates Disciplinary Tribunal (Judicial Review Application E024 of 2025) [2025] KEHC 2598 (KLR) (Judicial Review) (13 March 2025) (Ruling)
Neutral citation: [2025] KEHC 2598 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E024 of 2025
RE Aburili, J
March 13, 2025
Between
Billy Amendi Amugune
Applicant
and
The Advocates Disciplinary Tribunal
Respondent
Ruling
1. The application before court by way of Originating Motion is brought pursuant to the provision of the Fair Administrative Action and Rules.
2. The applicant also filed a Notice of Motion dated 27/2/2025 seeking for enlargement of time within which to file the Originating Motion and interim reliefs to stay the implementation of the decisions which are impugned.
3. I note that the applicant did not enjoin the main complainant to these proceedings and neither did he enjoin the Chief Registrar of the Judiciary who gazettes the striking off the advocate from the Roll of Advocates.
4. Given those circumstances, for this court to make appropriate orders, it must first be sure that the Originating Motion is validly filed. As at now, it was filed out of time and this court cannot grant those orders enlarging time before according the other parties the opportunity to be heard on the application.
5. Accordingly, I decline to grant interim reliefs at the moment and direct as follows:1. That the Chief Registrar of the Judiciary is hereby enjoined to these proceedings as a Respondent.2. That the complainant in the matter before the Advocates Disciplinary Tribunal, Mr. Joseph Njeru be enjoined to these proceedings as an interested party.3. That the Law Society of Kenya be enjoined to these proceedings as an interested party noting their significant role in the regulation of practice by Advocates in the country.4. That the prayer for enlargement of time and interim relief be heard inter partes.5. That all the parties as enjoined be served forthwith with the Originating Motion and the Notice of Motion dated 27/2/2025 (if not yet served) together with a hearing notice for the hearing of the Notice of Motion dated 27/2/2025 by way of oral submissions on 24/3/2025. 6.Any party who wishes to file a response to the Originating Motion and the Notice of Motion to do so within 5 days of date of service. The applicant will thereafter have 3 days to file a further affidavit if need be.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 13TH DAY OF MARCH, 2025R.E. ABURILIJUDGE