[2025] KEHC 3621 (KLR)
The court found that the applicant had served all parties and that the 3rd Respondent was represented. The court accepted that if the plea was taken before the application for leave was heard, the application could be rendered nugatory. Exercising its discretion, the court granted a stay of the plea taking before...
Source-derived case information.
- Citation
- [2025] KEHC 3621 (KLR)
- Parties
- Applicant: Republic; Respondent: Law Society Of Kenya; Respondent: The Disciplinary Tribunal; Respondent: Joseph Mumo Kivai; Applicant: Paul Chuchu Njuguna
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Judicial Review Application E065 of 2025
- Procedural Posture
- Judicial Review Application / Interim Application for Stay Pending Leave Hearing
- Outcome
- Interim stay of plea taking granted pending hearing and determination of application for leave.
- Judges
- RE Aburili
- Legal Topics
- Judicial Review Procedure, Interim Stay Orders, Disciplinary Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Law Society Of Kenya
Respondent
The Disciplinary Tribunal
Respondent
Joseph Mumo Kivai
Respondent
Paul Chuchu Njuguna
Applicant
Procedural Posture
Judicial Review Application / Interim Application for Stay Pending Leave Hearing
Legal Issues
- 1 Whether the court should grant an interim stay of plea taking before the Disciplinary Tribunal pending determination of the application for leave.
- 2 Whether the joinder of the 3rd Respondent is proper at this stage.
Ratio Decidendi
The court found that the applicant had served all parties and that the 3rd Respondent was represented. The court accepted that if the plea was taken before the application for leave was heard, the application could be rendered nugatory. Exercising its discretion, the court granted a stay of the plea taking before the Disciplinary Tribunal until the application for leave is heard and determined. The court held that issues of misjoinder would be addressed at the substantive hearing and did not bar the grant of interim relief at this stage.
Court Disposition
Interim stay of plea taking granted pending hearing and determination of application for leave.
Orders
- The plea scheduled to be taken by the applicant before the 2nd Respondent is stayed until the application for leave is heard and determined.
- Respondents to file and serve responses to the application for leave within 7 days.
Full Case Text
Judgment text and source record
30 paragraphs
Republic v Law Society of Kenya & 2 others; Njuguna (Exparte Applicant) (Judicial Review Application E065 of 2025) [2025] KEHC 3621 (KLR) (Judicial Review) (24 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3621 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Judicial Review
Judicial Review Application E065 of 2025
RE Aburili, J
March 24, 2025
Between
Republic
Applicant
and
Law Society Of Kenya
1st Respondent
The Disciplinary Tribunal
2nd Respondent
Joseph Mumo Kivai
3rd Respondent
and
Paul Chuchu Njuguna
Exparte Applicant
Ruling
1. The application dated 18/3/2025 was filed under certificate of urgency. On 19/3/2025 this court did not certify it as urgent and directed the applicant to serve the Respondents’ forthwith for inter partes directions today.
2. The applicant has served all the parties and 3rd Respondent is represented in court seeking time to file a replying affidavit. He has filed grounds of opposition contending that he was wrongly joined to these proceedings as the complainant is the company.
3. The applicant seeks for interim stay as the applicant is scheduled to take plea before the 2nd Respondent this morning, which will render the application for leave nugatory.
4. The 3rd Respondent contends that no prejudice will be occasioned if plea is taken. I have considered the arguments for and against stay of taking plea. I am satisfied that at this leave stage, the applicant has served all other parties who are now aware of this case and the 3rd Respondent is represented in court.
5. The issues of misjoinder will be dealt with at the time of arguing the merits of the application. However, as the applicant is before court and has explained that if plea is taken then the purpose of the application will be spent, I hereby exercise discretion and order that the plea which is scheduled to be taken today by the applicant is stayed until the application for leave is heard and determined on its merit.
6. The Respondents have 7 days of today to file and serve their responses to the application for leave. The applicant shall have 7 days of the date of service to file and serve further affidavit.
7. The application for leave shall be heard orally on 8th April, 2025.
DATED, SIGNED AND DELIVERED AT NAIROBI VIRTUALLY THIS 24THDAY OF MARCH, 2025R.E. ABURILIJUDGE