PETER KINYANJUI V. ADVOCATE DISCIPLINARY TRIBUNAL & ANNE WAMBUI NGUGI

JUDGMENT OF THE COURT

The circumstances giving rise to this appeal are adequately summarized in Civil Appeal No. 326 of 2012, a decision rendered by this Bench on 20^th April, 2018. It should be noted that the two appeals, though arising from the same transaction, were not consolidated. The particular suit to which this appeal relates was brought against the advocate who drew up the agreement, the subject matter in Civil Appeal No. 326 of 2012. As such, we find no need to recapitulate the background of the dispute here in extensor, save to state that the crux of this appeal is an agreement between the appellant and one, Virginia Waithira Mwangi (the respondent in Civil Appeal No. 326 of 2012) made on the 9^th of February 1992, in which the latter undertook to pay Kshs. 67,000 to the former for work done and materials supplied to construct the latter’s house. This agreement was witnessed by the 2^nd respondent in this appeal, an advocate who acted for both parties and was paid the requisit…