[2001] KEHC 117 (KLR)
The court found that the application for judicial review, which sought certiorari to quash the decision of the University Senate to suspend and expel the applicants, required thorough research of the law as it applies to domestic tribunals. The hearing involved consideration of several authorities and spanned nine...
Source-derived case information.
- Citation
- [2001] KEHC 117 (KLR)
- Parties
- Applicant: Republic; Respondent: University of Nairobi
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- ? 40 of 2001
- Procedural Posture
- Miscellaneous Application / Ruling on Costs Certification
- Outcome
- Application for certification of costs for two counsels granted.
- Legal Topics
- Judicial Review, Costs Award, Certiorari, Domestic Tribunals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
University of Nairobi
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Costs Certification
Legal Issues
- 1 Whether the application warranted certification for costs for two counsels.
- 2 Whether the complexity and duration of the judicial review application justified the engagement of two counsels.
Ratio Decidendi
The court found that the application for judicial review, which sought certiorari to quash the decision of the University Senate to suspend and expel the applicants, required thorough research of the law as it applies to domestic tribunals. The hearing involved consideration of several authorities and spanned nine days, including preparation time. Given the complexity and the time required for both preparation and hearing, the court held that it was appropriate to certify the case as fit for two counsels. The court thus ordered that costs be certified for two counsels for the applicant.
Court Disposition
Application for certification of costs for two counsels granted.
Orders
- The case is certified fit for two counsels.
Full Case Text
Judgment text and source record
6 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBIMISC. CIVIL CASE NO. 40 OF 2001
REPUBLIC……….………………………………….….APPLICANT VERSUS UNIVERSITY OF NAIROBI…………….……………RESPONDENT
RULING ON COUNSELS
Mr. Mutua for the Applicant asks the costs in this application to be certified for two Counsels. In the hearing of the application he appeared with his Learned friend Mr. Kajwang. The application is opposed by Mr. Maluki on behalf of Mr. Kilonzo Mutula, the Learned Counsel for the Respondents. Mr. Maluki contents that the application was not complicated to warrant two Counsels.
The application before the Court was an application for Judicial Review seeking the remedies of certiorari to bring and quash the decision of the Senate to suspend and expel the applicants from the University. The preparation of the case needed in the first instance a thorough research of the law as it applies to Domestic Tribunals. In the hearing several authorities had to be gone through and the hearing took in all 9 days taking into account the time it needed to prepare the application and the authorities which the Court was taken through during the hearing, I find it fit to certify the case fit for two Counsels. It is so ordered. Delivered and dated this 12th day of March, 2001. KASANGA MULWA JUDGE