In re Execution of the Decree and Judgment of the Disciplinary Tribunal (Indira Rajnikant Shah) [2016] KEHC 1523 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA AT NAIROBI

MISCELLENOUS CIVIL CASE NO. 371 OF 2016

IN THE MATTER DISCPLINARY TRIBUNAL CAUSE NO. 84 OF 2010

AND

IN THE MATTER OF THE ADVOCATES ACT

AND

IN THE MATTER OF KARWANDA, EDWIN KEEGA ADVOCATES

AND

IN THE MATTER OF EXECUTION OF THE DECREE AND JUDGMENT OF THE DISCIPLINARY TRIBUNAL

INDIRA RAJNIKANT SHAH……………………………….COMPLAINANT

RULING

1. The Applicant herein has filed a chamber summons application dated 19th May, 2016 seeking for orders that this court do adopt the proceedings, judgment and orders of the Disciplinary Tribunal in Disciplinary Tribunal Cause No. 84 of 2013 and that leave to enforce the said orders made on 22nd April,2013 be granted. It was further prayed that warrant of arrest be issued against Edwin Keega Karwanda.

2. The grounds upon which this application is brought are that the Advocates Disciplinary Tribunal found Mr. Edwin Keega Karwanda guilty in a judgment delivered on 21st January, 2013. That the said advocate has since disappeared and the Applicant cannot trace his property for attachment and that the Applicant was granted leave to execute the said orders in person.

3. The Tribunal is by virtue of Section 60(1) of the Advocates Act (Cap.16 Laws of Kenya) mandated to handle all issues of professional misconduct relating to advocates. The advocate, Edwin Keega Karwanda being an advocate and the subject matter concerning him being one of professional misconduct, the matter rightfully falls within the realms of the Tribunal.

4. The Tribunal having rendered a decision in this matter and there being no pending appeal, there is nothing to prevent this court from adopting the judgment of the Tribunal and any subsequent orders.

5. Ultimately, the application dated 19th May, 2016, is hereby granted as prayed and since it’s an ex parte application the court makes no orders as to costs.

Dated, signed and delivered at Nairobi this 17th day of November, 2016.

………………

L NJUGUNA

JUDGE

In The presence of

………………….. for the Complainant