[2018] KEHC 4990 (KLR)
The court directed the applicant's counsel, Mr. Kirui, to furnish his 2018 Practicing Certificate within seven days, emphasizing the statutory requirement that only advocates with valid practicing certificates may appear before the court. Failure to comply would result in the court making appropriate orders...
Source-derived case information.
- Citation
- [2018] KEHC 4990 (KLR)
- Parties
- Applicant: Barnabas Orieko; Respondent: Owuor Kibwage
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 2 of 2018
- Procedural Posture
- Miscellaneous Application / Directions Prior to Ruling on Notice of Motion
- Outcome
- directions issued; compliance required before further proceedings
- Judges
- AC Mrima
- Legal Topics
- Practicing Certificate Requirement, Representation by Counsel
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Barnabas Orieko
Applicant
Owuor Kibwage
Respondent
Procedural Posture
Miscellaneous Application / Directions Prior to Ruling on Notice of Motion
Legal Issues
- 1 Whether counsel for the applicant is duly qualified to appear before the court by holding a valid 2018 Practicing Certificate.
- 2 What are the consequences of failure by counsel to furnish the court with a valid Practicing Certificate?
Ratio Decidendi
The court directed the applicant's counsel, Mr. Kirui, to furnish his 2018 Practicing Certificate within seven days, emphasizing the statutory requirement that only advocates with valid practicing certificates may appear before the court. Failure to comply would result in the court making appropriate orders regarding the pending application. This direction upholds the integrity of legal representation and ensures compliance with statutory requirements for advocates.
Court Disposition
directions issued; compliance required before further proceedings
Orders
- Mr. Kirui, counsel for the applicant, to furnish the court with his 2018 Practicing Certificate within 7 days.
- Matter fixed for mention before the Deputy Registrar on 20/08/2018 to confirm compliance.
Full Case Text
Judgment text and source record
14 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
MISC. CIVIL APPLN. NO. 2 OF 2018
BARNABAS ORIEKO..............................APPLICANT
-VERSUS-
OWUOR KIBWAGE.............................RESPONDENT
DIRECTIONS
1. There is a pending ruling in respect to the Notice of Motion dated 19/02/2018. However, during a recent stakeholder’s engagement the issue of Counsels practicing without valid Certificates arose and this Court learnt that a lower court had raised the issue with Mr. Kirui, Counsel and required him to furnish the court with a copy of his 2018 Practicing Certificate in vain.
2. This is therefore to direct Mr. Kirui Counsel who appears for the Applicant herein to furnish this Court with his 2018 Practicing Certificate within the next 7 days failure to which this Court shall make appropriate orders on the pending application.
3. This matter is hereby fixed for a Mention before the Deputy Registrar of this Court on 20/08/2018 to confirm compliance.
4. Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 08th day of August 2018.
A. C. MRIMA
JUDGE