|civ case 473 of 03
|Republic vs THE COMMISSIONER OF POLICE Ex Parte JOSEPH KIBORUS TARUS T/A TARUS AND COMPANY ADVOCATES
|04 Aug 2003
|High Court at Mombasa
|Pamela Mwikali Tutui
|Republic vs THE COMMISSIONER OF POLICE Ex Parte JOSEPH KIBORUS TARUS T/A TARUS AND COMPANY ADVOCATES eKLR
|The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
MISC. APPL. CIVIL CASE NO. 473 OF 2003
IN THE MATTER OF: AN APPLICATION FOR JUDICIAL REVIEW
BY JOSEPH KIBORUS TARUS T/A TARUS
AND COMPANY ADVOCATES FOR LEAVE
TO APPLY FOR ORDES OF CERTIORARI,PROHIBITION AND MANDAMUS
ANDIN THE MATTER OF: DECISION BY THE COMMISSIONER OF
POLICE THROUGH POLICE 18, BOND AND
BAIL DATED 29TH DAY OF JULY 2003
IN THE MATTER OF: THE HIGH COURT CIVIL CASE NO. 68 OF
2001(MOMBASA) MOTATIRO MATHIAS
NYAMOHANGA –VS-HUSSEIN ALI SEIF
IN THE MATTER OF: THE CONSTITUTION OF KENYA, THE LAW
SOCIEITY OF KENYA ACT (Cap 18), THE
ADVOCATE’S ACT (Cap 16 laws of Kenya
Section 80, 61(3), 60, 45, 53, 59, THE PENAL
CODE (Cap 63 L.o.K, Section 124 & 283(b), THE
CRIMINAL PROCEDURE ACT (Cap 75) Civil
Procedure Act (Cap 21 L.o.K, Order 26, 52 rule 4
of the Civil Procedure Rules)
IN THE MATTER OF: THE HONOURABLE ATTORNEY GENERAL
OF THE REPUBLIC OF KENYA
R U L I N G
The Ex-parte Applicant has sought leave to apply for Judicial Review for orders of Certiorari, Prohibition and Mandamus. The reasons given are that the plaintiff in HCC 68 OF 2001 MONTATIRO NYAMOHANGA has filed a complaint with the police against his Lawyer the Applicant on the ground that he, the Applicant has refused to pay him a sum of Kshs.338,190/= being the entire decretal sum inclusive Of costs.
The judgement having been delivered by Consent on 14.4.03 a cheque was paid to the Applicants on 8.7.03. The disagreement on fees payable arose on 24.7.03 and the applicant has now filed a Bill of costs coming up for taxation on 5.9.03. In the meantime the entire sum has been deposited with the Court but the police are in hot pursuit and want to arrest the applicant for purposes of charging him with the offence of stealing by Agent today.
It is against the given background that the Court is satisfied the applicant has a genuine fear and the situation is likely to cause a lot of injustice to him if not arrested. It is therefore ORDERED:
1. That leave is hereby granted to the Ex-parte Applicant in terms of prayer 1 of the Chamber Summons dated 1.8.03.
2. That the said leave do operate as a stay for 21 days The application be filed and served and heard on the 21.8.2003.
Dated and Delivered at Mombasa this 4th day of August, 2003.
COMMISSIONER OF ASSIZE