MINISTER FOR FINANCE & COMMISSIONER OF INSURANCE AS LICENSING AND REGULATING OFFICERS V. CHARLES LUTTA KASAMANI T/A KASAMANI & CO. ADVOCATES

JUDGMENT OF THE COURT

This is an appeal from a Ruling and Order of the High Court (B. K. Tanui, J) given on 29^th July 2005 prohibiting the Minister of Finance (the Minister) and the Commissioner of Insurance (the Commissioner) from licensing United Insurance Company Limited (United Insurance) to carry on insurance business and compelling them, by an order of Mandamus, to commence, prosecute and conclude winding up proceedings against United Insurance.

Background

The respondent, an advocate of the High Court of Kenya, practicing law under the firm name of Kasamani and Co. Advocates (the advocates) and United Insurance had an advocate/client relationship for some time. Between the years 2000 and 2005 the advocates, on instructions given by United Insurance, defended third party insurance claims in suits filed against persons insured by United Insurance in Kisii, Kakamega, Mumias, Bungoma, Busia, Kericho and Migori. United Insurance experienced difficulties in meeting its obligations toward…