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Paul Musili Wambua v. Disciplinary Committee & Musyoki Kimanthi t/a Kimanthi & Associates

(2015) JELR 94076 (CA)

Court of Appeal  •  Civil Application 242 of 2013  •  8 May 2015  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

Of the six prayers in the applicant’s notice of motion dated 11th September 2013, the only one that remains live and relevant is prayer 3 which is;

“THAT pending the lodging, hearing and determination of the applicant’s intended appeal from the judgment of the Hon. Justice W.K. Korir in JR Case No. 231 of 2013, there be issued an injunction restraining the 1st respondent from commencing, hearing and determining the disciplinary proceedings before it against the applicant in respect of the complaint the subject in the said Milimani J.R Case No. 231 of 2013.”

The motion is brought under rule 5(2) (b) and is founded on grounds appearing on its face including;

5. The applicant has an arguable appeal with good prospects of success for the reasons inter alia:-

a. The learned judge erred in law and in fact by failing to find that the 1st respondent’s decision to commence disciplinary proceedings against the applicant was not only irrational but was also laced with procedural i…

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