Case law
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Division and case type: High Court Civil Appellate DivisionCivil Appeal
…The particulars of the allegation were that the appellant had committed professional misconduct by procuring an abortion as well as supplying drugs related to the procedure.…
…Whether the allegation of professional misconduct against the appellant was proven to the required standard? 19.…
Division and case type: Milimani Commercial CourtsCivil Case
…Learned counsels in this matter do not seem to see all these.Counsel for the applicant is only complaining at the Arbitrator’s misconduct.…
…He submitted that the Arbitrator misconducted himself in disregarding the Will of the deceased and in failing to appreciate the first registration of the applicant.…
Division and case type: High Court Commercial and TaxCommercial Matters
…sum of USD 74,115.78 together with interest accrued from 9 th June 2021; That in default of compliance, the Applicant be at liberty to execute for the said sum; A declaration that the Respondent engaged in professional misconduct…
…The Court is thus called upon to determine: Whether the Respondent’s conduct amounts to professional misconduct under the Advocates Act; and Whether the Applicant is entitled to interest on the withheld sum.…
Division and case type: High Court Judicial ReviewJudicial Review
…The applicant in the said letter set out what he considered to be the specific acts of gross misconduct on the part of the interested party herein among them: a.…
…Under section 25(2) and the Fourth Schedule to the Act, the Disciplinary Committee is mandated to conduct an inquiry into the alleged misconduct.…
Division and case type: High Court Commercial and TaxCommercial Matters
…The Bank further invokes the Court's inherent jurisdiction under Sections 55 and 56 of the Advocates Act to punish the 4 th Defendant for professional misconduct. 13.…
…Allegations of professional misconduct against the 4 th Defendant 29.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Advocate’s key contention was that a matter of misconduct by an Advocate cannot be dealt within a bill of costs because a taxing officer lacks the relevant jurisdiction to consider and make appropriate finding on such…
…Under section 56 of the Advocates Act, only the Chief Justice or a Judge can deal with misconduct or with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of…
Division and case type: High Court Judicial ReviewJudicial Review
…The provision in clause 9.0 of the Student Handbook reads as follows: “9.0 GENERAL DISCIPLINE The following will be construed as gross misconduct and will not be allowed.…
…That penalty is not prescribed for the gross misconduct of theft.…
Division and case type: High Court Judicial ReviewJudicial Review
…He argued that the persons so mentioned have at any time been convicted of any criminal offence and have been found guilty of professional misconduct. 66.…
…Found guilty of professional misconduct. 81.…
Division and case type: High Court Civil Appellate DivisionCivil Appeal
…5) In her ruling the trial adjudicator held that Section 12 of the Small Claims Court does not confer on the court the jurisdiction to adjudicate over claims involving allegations of professional conduct or professional misconduct…
…by an Advocate and that appropriate recourse lies in section 60(4) of the Advocates Act which provides that any person can lodge a complaint of professional misconduct with Advocates Disciplinary Tribunal.…
Division and case type: High Court DivFamily P&A Intestate
…The applicant alleges a coordinated scheme of fraud, professional misconduct and abuse of the court process involving several advocates and public officials.…
…E042 of 2023, pending investigation into the alleged misconduct.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…The Advocate’s key contention was that a matter of misconduct by an Advocate cannot be dealt within a bill of costs because a taxing officer lacks the relevant jurisdiction to consider and make appropriate finding on such…
…Under section 56 of the Advocates Act, only the Chief Justice or a Judge can deal with misconduct or with misconduct or offences by an advocate, or any person entitled to act as such, committed during, or in the course of…
Division and case type: High Court Judicial ReviewJudicial Review
…He cites the recommendation of Nelson Andayi Havi despite a finding of professional misconduct in Disciplinary Tribunal Misc. No. 216 of 2022 .…
…He avers that several advocates privately expressed outrage at the recommendation of individuals found guilty of professional misconduct and those with pending disciplinary matters. 8.…
Division and case type: High Court DivCivil Appeal
…The actions of the auctioneer in this case, specifically the failure to render accounts of the proceeds of sale, clearly constitute misconduct within the meaning of the Act. 8.…
…Section 24(5) of the Auctioneers Act provides that the Board may impose fines or other sanctions for proven misconduct.…
Division and case type: High Court Commercial and TaxCommercial Miscellaneous
…Rachier & Amollo LLP contended that its application invoked the Court’s residual disciplinary jurisdiction under the Advocates Act to sanction the 1st respondent Advocate for alleged misconduct.…
…Further, this Court is empowered under Section 56 of the Advocates Act to deal with misconduct or offences by an Advocate.…
Division and case type: High Court Judicial ReviewJudicial Review
…After hearing the matter, on 7th December 2015, The Advocates Disciplinary Tribunal found the Ex-Parte Applicant guilty of professional misconduct and subsequently sentenced him as follows- \"...we therefore sentence the…
…That the Ex-Parte Applicant cannot question the validity of the ruling issued on the 7th December 2015, which found him guilty of professional misconduct in these proceedings. 41.…
Division and case type: High Court Constitution and Human RightsConstitution and Human Rights Petition (Civil)
…turned against and accused by the petitioners of engaging in misconduct in the course of the foregoing performance of their duties provided at Section 34(2) of the Teachers Service Commission Act as read with schedule 3.…
…Particularly Regulation 144(1) and 145(1) provide that:- A person having any allegations of misconduct against a teacher may report the allegation to the Secretary Board of Management.…
Division and case type: High Court FamilyFamily P&A Intestate
…The application is premised on the grounds that:- (a) There was misconduct, fraud and/or fundamental mistake by the Mediator that goes to the core of the matter.…
…of the Civil Procedure (Court Annexed Mediation) Rules provides:- “(3)The following shall constitute the grounds upon which an application to set aside an order or decree arising from a mediation settlement agreement— (a)misconduct…
Division and case type: High Court CivilJudicial Review
…Rule 39 (3) of the court annexed mediation Rules provides : (3) The following shall constitute the grounds upon which an application to set aside an order or decree arising from a mediation settlement agreement— (a) misconduct…
…, fraud, or a fundamental mistake by the mediator as relates to the mediation proceedings that goes to the core of the matter: Provided that the misconduct, fraud or mistake should not have been known by the applying party…
Division and case type: High Court Judicial ReviewJudicial Review
…Joseph Mumo Kivai’s company Capstone Heights Realtors Limited for alleged professional misconduct; and Certiorari, to quash the Tribunal’s decision to commence such disciplinary proceedings against the advocate.…
…The complainant must proof that the specific advocate against whom the complaint is lodged personally engaged in professional misconduct or negligence.…
Division and case type: High Court DivCivil Case Miscellaneous
…The Respondent alleges that the Applicant was terminated for gross misconduct, including sexual harassment and poor performance, and relies on Clause 10.2 of the contract which permits summary dismissal.…
…The Respondent has raised weighty issues in its Replying Affidavit, including allegations of misconduct and questions about the scope of remedies.…