HENRY ASAVA MUDAMBA V. INSTITUTE OF CERTIFIED PUBLIC ACCOUNTANTS OF KENYA

JUDGMENT OF THE COURT

Henry Asava Mudamba (hereinafter referred to as the appellant) is aggrieved by the ruling and order of Musinga. J, (as he then was) issued on 7^th June 2011 in respect of the applicant’s application for judicial review orders of certiorari and mandamus challenging a decision made by the Institute of Certified Public Accountants of Kenya (hereinafter referred to as the respondent). The trial judge dismissed the application. The impugned decision of the respondent before the trial judge is contained in a letter dated 19^th October 2010 by the respondent rejecting an appeal by the appellant under section 33(3) of the Accountants Act against the recommendations by the Disciplinary committee of the respondent communicated to the applicant by a letter dated 27^th July 2009.

In summary and to put the matter in perspective, a complaint was received by the respondent from Capital Markets Authority (hereinafter referred to as CMA) through its letter dated 11^th August, 2009 conc…