[2020] KEHC 4535 (KLR)
The court found that it could not determine the existence and nature of the decision sought to be quashed, nor whether the applicant had an arguable case for purposes of granting leave, due to the absence of evidence of the impugned decision and the failure to join the complainants as parties. However, the court...
Source-derived case information.
- Citation
- [2020] KEHC 4535 (KLR)
- Parties
- Applicant: Republic; Respondent: The Disciplinary Tribunal of the Law Society of Kenya; Applicant: John Wacira Wambugu
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application 131 of 2019
- Procedural Posture
- Judicial Review Application / Ruling on Leave to Apply for Certiorari
- Outcome
- Conditional leave granted to amend application and comply with joinder and evidence requirements.
- Judges
- P Nyamweya
- Legal Topics
- Judicial Review, Leave to Apply, Certiorari Orders, Disciplinary Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
The Disciplinary Tribunal of the Law Society of Kenya
Respondent
John Wacira Wambugu
Applicant
Procedural Posture
Judicial Review Application / Ruling on Leave to Apply for Certiorari
Legal Issues
- 1 Whether the applicant is entitled to leave to apply for orders of certiorari against the decision of the Disciplinary Tribunal of the Law Society of Kenya.
- 2 Whether the failure to join the complainants as parties affects the application for leave.
- 3 Whether the absence of evidence of the impugned decision precludes the grant of leave.
Ratio Decidendi
The court found that it could not determine the existence and nature of the decision sought to be quashed, nor whether the applicant had an arguable case for purposes of granting leave, due to the absence of evidence of the impugned decision and the failure to join the complainants as parties. However, the court exercised its discretion to grant the applicant leave to file an amended Chamber Summons, on condition that the complainants in the disciplinary cause are joined as interested parties and evidence of the decision made on 15th June 2020 is annexed. The matter will proceed upon compliance with these directions.
Court Disposition
Conditional leave granted to amend application and comply with joinder and evidence requirements.
Orders
- Applicant granted leave to file an amended Chamber Summons joining the complainants as interested parties and annexing evidence of the decision made on 15th June 2020.
- New hearing dates to be taken by the applicant upon compliance.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW APPLICATION NO. 131 OF 2020
IN THE MATTER OF AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW ORDERS OF CERTIORARI
BETWEEN
REPUBLIC .................................................................................APPLICANT
VERSUS
THE DISCIPLINARY TRIBUNAL
OF THE LAW SOCIETY OF KENYA..................................RESPONDENT
EXPARTE:
JOHN WACIRA WAMBUGU
RULING
1. The Applicant herein, John Wacira Wambugu, is an advocate of the High Court of Kenya, and he has brought an application by way of a Chamber Summons dated 17th June 2020 seeking leave to apply for orders of Certiorari to quash the decision of the Law Society of Kenya Disciplinary Tribunal (the Respondent herein) in Disciplinary Cause No. 79 of 2013 in an order issued on 15th June, 2020, requiring the Applicant to deposit the sum of Kshs. 11,900,000/= and release the same to the Law society of Kenya. He also sought orders that the grant of leave do operate as a stay of the said directions of the Respondent.
2. The application is supported by a statutory statement dated 17th June 2020 and a verifying affidavit sworn by the Applicant on the same date. Upon perusal of the said pleadings, I note firstly that there were complainants in Disciplinary Tribunal Cause No. 79 of 2013 in whose favour the impugned decision was made, and who have not been joined as parties herein. Secondly, the Applicant has not provided evidence of the decision made by the Respondent that is the subject of the application, and states that he has applied for a copy of the Ruling and Order delivered by the Respondent on 15th June, 2020, but has not been availed the same.
3. In the circumstances, this Court is not in a position to determine the existence and nature of the decision sought to be quashed, and if the Applicant thereby has an arguable case for purposes of granting leave. The Applicant is however granted leave to file an amended Chamber Summons, joining the complainants in Disciplinary Tribunal Cause No. 79 of 2013 as Interested Parties therein, and annexing evidence of the decision made on 15th June 2020 by the Respondent Disciplinary Tribunal Cause No. 79 of 2013. New dates for hearing shall be taken by the Applicant upon compliance.
4. The Deputy Registrar of the Judicial Review Division shall send a copy of this ruling to the ex parte Applicant by electronic mail by close of business on Friday,19th June 2020.
5. Orders accordingly.
DATED AND SIGNED AT NAIROBI THIS 19TH DAY OF JUNE 2020
P. NYAMWEYA
JUDGE