[2025] KEHC 805 (KLR)
The court allowed the applicant's oral request to withdraw the amended Notice of Motion, holding that each party should bear their own costs. The court found that, following withdrawal, there were no subsisting proceedings upon which a stay order could be anchored. The court further clarified that the Fair...
Source-derived case information.
- Citation
- [2025] KEHC 805 (KLR)
- Parties
- Applicant: Billy Amendi Amugune; Respondent: Advocates Disciplinary Tribunal; Respondent: Chief Officer, Finance Nairobi County Government
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review E220 of 2024
- Procedural Posture
- Judicial Review / Ruling on Withdrawal of Application
- Outcome
- Application withdrawn; file closed.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Withdrawal of Application, Fair Administrative Action Act, Costs Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Billy Amendi Amugune
Applicant
Advocates Disciplinary Tribunal
Respondent
Chief Officer, Finance Nairobi County Government
Respondent
Procedural Posture
Judicial Review / Ruling on Withdrawal of Application
Legal Issues
- 1 Whether the Notice of Motion as amended should be withdrawn with or without costs.
- 2 Whether there are subsisting proceedings to anchor a stay order.
- 3 Whether leave of court is necessary for further proceedings under the Fair Administrative Action Act and Rules after withdrawal.
Ratio Decidendi
The court allowed the applicant's oral request to withdraw the amended Notice of Motion, holding that each party should bear their own costs. The court found that, following withdrawal, there were no subsisting proceedings upon which a stay order could be anchored. The court further clarified that the Fair Administrative Action Act and Rules provide the appropriate procedure for instituting fresh proceedings, and that no leave of court is required in the context of withdrawn proceedings. The applicant retains the liberty to approach the court afresh in accordance with the law and Article 50(1) of the Constitution. The file was accordingly closed.
Court Disposition
Application withdrawn; file closed.
Orders
- The Notice of Motion as amended dated 29/1/2025 is marked as wholly withdrawn.
- Each party to bear their own costs of the application.
Full Case Text
Judgment text and source record
23 paragraphs
Amugune v Advocates Disciplinary Tribunal & another (Judicial Review E220 of 2024) [2025] KEHC 805 (KLR) (Judicial Review) (3 February 2025) (Ruling)
Neutral citation: [2025] KEHC 805 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review E220 of 2024
RE Aburili, J
February 3, 2025
Between
Billy Amendi Amugune
Applicant
and
The Advocates Disciplinary Tribunal
1st Respondent
Chief Officer, Finance Nairobi County Government
2nd Respondent
Ruling
1. On the oral application by the exparte applicant Counsel, the Notice of Motion as amended dated 29/1/2025 is hereby marked as wholly withdrawn with an order that each party bear their own costs of the application.
2. On the prayer for stay, as was granted in the leave application and for leave to file proceedings under the Fair Administrative Action Act and Rules, I find that there are no proceedings upon which the stay sought is anchored.
3. Furthermore, the Fair Administrative Action Rules, 2024 provide for the procedure for filing of the Originating Motion and Notice of Motion where an interim stay order is found to be necessary.
4. No leave of this court in these proceedings which have been withdrawn is necessary. The applicant to study the provisions of the Fair Administrative Action Act and Rules and is at liberty to approach the court in the manner provided for in law and as stipulated in Article 50(1) of the Constitution.
5. Accordingly, this file is closed. Ruling be typed and uploaded.
DATED, SIGNED AND DELIVERED AT NAIROBI THIS 3RD DAY OF FEBRUARY, 2025R.E. ABURILIJUDGE