Allen Waiyaki Gichuhi v Committee on Senior Counsel & another [2020] eKLR Case Summary

Explore the case summary of Allen Waiyaki Gichuhi v Committee on Senior Counsel [2020] eKLR, examining key legal principles and implications for the judiciary.

Case Brief: Allen Waiyaki Gichuhi v Committee on Senior Counsel & another [2020] eKLR

1. Case Information:
- Name of the Case: Allen Waiyaki Gichuhi v. Committee on Senior Counsel & The Law Society of Kenya
- Case Number: Judicial Review Application No. E1100 of 2020
- Court: High Court of Kenya
- Date Delivered: September 14, 2020
- Category of Law: Civil
- Judge(s): P. Nyamweaya
- Country: Kenya

2. Questions Presented:
The central legal issues presented in this case include:
1. Whether the invitation for applications for the conferment of the rank of Senior Counsel, as communicated in the email dated September 2, 2020, and the advertisement in the Daily Nation, was lawful.
2. Whether the 1st and 2nd Respondents should be restrained from considering any applications submitted in response to the aforementioned invitation pending the hearing and determination of the proceedings.

3. Facts of the Case:
The Applicant, Allen Waiyaki Gichuhi, is an advocate of the High Court of Kenya. On February 25, 2020, the Committee on Senior Counsel (1st Respondent) invited qualified members of the Law Society of Kenya (2nd Respondent) to apply for the conferment of the rank of Senior Counsel. Gichuhi submitted his application accordingly. However, a subsequent email on September 2, 2020, and an advertisement published in the Daily Nation on September 3, 2020, raised concerns regarding the legality of the application process and the qualifications of the individuals involved in the decision-making.

4. Procedural History:
Gichuhi filed an Originating Notice of Motion application on September 14, 2020, seeking various orders, including:
- An urgent hearing of the application.
- Directions for the 2nd Respondent to forward all applications to the 1st Respondent.
- A temporary order restraining the 1st and 2nd Respondents from making decisions regarding applications submitted in response to the September 2 invitation.
The court recognized the urgency of the matter and allowed the application to be heard on a priority basis. The court ordered the parties to serve each other and submit their pleadings electronically due to COVID-19 restrictions.

5. Analysis:
Rules:
The court considered the provisions of the Advocates Act and the Advocates (Senior Counsel Conferment and Privileges) Rules, 2011, which govern the conferment of the rank of Senior Counsel.

Case Law:
While specific case law was not cited in the ruling, the court's decision likely drew upon principles established in previous judicial reviews regarding administrative actions and the rights of applicants in public law contexts.

Application:
The court found that the Applicant had demonstrated urgency and a need for a priority hearing based on the timelines set forth in the relevant rules. However, it also acknowledged the necessity of allowing the Respondents to respond to the application before making substantive orders. The court's reasoning emphasized the importance of procedural fairness and the need for all parties to be heard.

6. Conclusion:
The court ruled in favor of allowing the application to proceed with certain conditions, including the requirement for the 1st and 2nd Respondents to file their responses within ten days. The hearing was scheduled for September 30, 2020. The ruling underscored the importance of adhering to procedural rules in administrative processes and the necessity of ensuring fairness in decision-making.

7. Dissent:
There were no dissenting opinions noted in the case.

8. Summary:
This case highlights the procedural aspects of administrative law in Kenya, particularly concerning the conferment of professional titles. The court's decision to expedite the hearing reflects the urgency of the matter while ensuring that all parties involved are given an opportunity to present their cases. The outcome may have broader implications for the processes governing professional rankings and the administrative actions of legal bodies in Kenya.