Republic v The Chairman Advocates Disciplinary Committee and The Secretary Law Society Of Kenya Ex parte Jafferson M. S. Nyagesoa [2004] KEHC 896 (KLR)
Full Case Text
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KISII
CIVIL MISC. APPL. NO.189 OF 2004
REPUBLIC ……………………………………………………… APPLICANT
VERSUS
1. THE CHAIRMAN ADVOCATES DISCIPLINARY )
COMMITTEE ).. …… RESPONDENTS
2. THE SECRETARY LAW SOCIETY OF KENYA )
AND
JAFFERSON M. S. NYAGESOA ……………………………… EXPARTE
RULING
The applicant’s prays for leave to apply for orders of certiorari against the decision of the Chairman Advocates
complaints Committee made on 10th September 2004. He also prays that leave, if granted do operate as
a stay of execution of the orders of the disciplinary committee made on 10th September 2004. He also prays that leave,
if granted do operate as a stay of execution of the orders of the disciplinary committee pending the hearing and
determination of this application.
I have carefully considered the application and I hereby grant prayer one of the application. Leave is hereby
grantedto the applicant to apply for orders of certiorari. The application should be filed with 21 day
from today’s date.
The 2nd prayer was that leave do operate as stay. I have carefully gone through the documents annexed to the
affidavit and the submissions by counsel for the applicant. I am not persuaded to order that the leave I have granted do
operate as stay. Applicant is an advocate of High Court of Kenya and it is clear there was numerous correspondences
between him and the Respondent.
True he may suffer if he is not allowed to practice but I do feel that there is need to fully hear the intended
motionbefore staying or not staying the orders of the committee.
Further prayer 2 as framed in this application isnot capable ofbeing given. It reads;
“THAT the grant of leave herein do operate as a stay of execution of
the orders of the Chairman Advocates disciplinary committee pending
the hearing and determination of this application.” (emphasis mine).
This Application is for leave. It was heard on 18/10/04 and ruling reserved for 21st October. Once this ruling is
delivered the application will be fully determined. What will remain is to find out if the applicant will make his
application for certiorari or not. The prayer does not seek issuance of order of stay until the hearing and determination
of the intendedapplication for certiorari.
From the above therefore I decline to order that leave granted do operate as stay. I however direct that if and
when applicant files his application and serve then the same be heard on priority basis.
Dated this 21st October 2004
KABURU BAUNI JUDGE 21/10/04
Mr. Minda H/B for Mr. Marwa for Applicant.
KABURU BAUNI JUDGE