[2020] KEELC 2213 (KLR)
The court determined that the allegations regarding Mr Godfrey Pwoka Wanyonyi's competence to practice before the court, specifically the alleged lack of a valid practicing certificate, warranted investigation by the Law Society of Kenya Kitale Chapter. To ensure the integrity of proceedings and the proper...
Source-derived case information.
- Citation
- [2020] KEELC 2213 (KLR)
- Parties
- Plaintiff: James Mayeku Makitoni; Plaintiff: Paul Nakhisa Makitoni; Plaintiff: Francis Simiyu Makitoni; Plaintiff: Lukutayi J. Masinde; Defendant: Wenslaus Mukhwana; Defendant: Tom Machabe; Defendant: Chrispinus Wekesa; Defendant: Urbanus Masafu Wekesa
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Land Case 109 of 2000
- Procedural Posture
- Land Case / Directions
- Outcome
- Proceedings stayed pending recommendations from the Law Society of Kenya Kitale Chapter.
- Legal Topics
- Practicing Certificate, Stay of Proceedings, Legal Professional Conduct
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mayeku Makitoni
Plaintiff
Paul Nakhisa Makitoni
Plaintiff
Francis Simiyu Makitoni
Plaintiff
Lukutayi J. Masinde
Plaintiff
Wenslaus Mukhwana
Defendant
Tom Machabe
Defendant
Chrispinus Wekesa
Defendant
Urbanus Masafu Wekesa
Defendant
Procedural Posture
Land Case / Directions
Legal Issues
- 1 Whether Mr Godfrey Pwoka Wanyonyi attempted to practice before the court without a valid practicing certificate.
- 2 Whether the complaint regarding the competence of Mr Godfrey Pwoka Wanyonyi to practice in this matter is valid.
- 3 Whether proceedings should be stayed pending the recommendations of the Law Society of Kenya Kitale Chapter.
Ratio Decidendi
The court determined that the allegations regarding Mr Godfrey Pwoka Wanyonyi's competence to practice before the court, specifically the alleged lack of a valid practicing certificate, warranted investigation by the Law Society of Kenya Kitale Chapter. To ensure the integrity of proceedings and the proper administration of justice, the court directed that the matter be referred to the Law Society for deliberation and recommendations. All further proceedings, including the pending application for review, were stayed until the recommendations are received, ensuring that the issue of legal representation is resolved before the case proceeds.
Court Disposition
Proceedings stayed pending recommendations from the Law Society of Kenya Kitale Chapter.
Orders
- Mr Godfrey Pwoka Wanyonyi to present himself before the Law Society of Kenya Kitale Chapter for deliberations regarding his conduct and practicing certificate.
- The firm of Risper Arunga Advocates, Mr Paul Nakhisa Makitoni, and Mr Godfrey Pwoka Wanyonyi to be given audience in the proceedings.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT KITALE
LAND CASE NO. 109 OF 2000(OS)
JAMES MAYEKU MAKITONI.........................................................1ST PLAINTIFF
PAUL NAKHISA MAKITONI..........................................................2ND PLAINTIFF
FRANCIS SIMIYU MAKITONI.......................................................3RD PLAINTIFF
LUKUTAYI J. MASINDE.................................................................4TH PLAINTIFF
(All suing as Administrator of theEstate of MICHAEL WATAMBA)
VERSUS
WENSLAUS MUKHWANA(Suing as an Administrator of the
Estate of TERESINA MUSEBE)....................................................1ST DEFENDANT
TOM MACHABE............................................................................2ND DEFENDANT
CHRISPINUS WEKESA...............................................................3RD DEFENDANT
URBANUS MASAFU WEKESA...................................................4TH DEFENDANT
DIRECTIONS
28th May, 2020
Before Mwangi Njoroge, Judge.
(In the absence of the parties and their counsel)
Having considered this matter at length, I hereby direct as follows:
1. I direct that Mr Godfrey Pwoka Wanyonyi do present himself before the Chairman and other officials of the Law Society of Kenya Kitale Chapter for deliberations and conclusions over his conduct and the alleged attempt to practice before this court without a practicing certificate and the truth of the allegations shall be ascertained.
2. The firm of Risper Arunga Advocates, and Mr Paul Nakhisa Makitoni, the 2nd plaintiff, who raised the complaint as to the competence ofMr Godfrey Pwoka Wanyonyi to practice in this court in this matter and the said Godfrey Pwoka Wanyonyi shall be given audience in the proceedings.
3. The recommendations of the Law Society of Kenya Kitale Chapter shall reach this court on or before the 30th September 2020 for further orders.
4. All other proceedings in this matter including the application dated 24/11/2019 for orders of review of the ruling of 6/11/2019 are hereby stayed till the recommendations mentioned above are received.
5. These directions shall be served upon the Law Society of Kenya Kitale Chapter through the Deputy Registrar of this court.
Dated, Signed and Delivered at Nairobi via electronic mail on this 28th day of May, 2020.
MWANGI NJOROGE
JUDGE, ELC, KITALE.