Coming up for hearing: on 21st March 2023
Application filed: on 15th June 2022.
Articles: 39 of the Treaty for the Establishment of the East Africa Community
Rules: 52 (1) & 84(1) of the East African Court of Justice Rules of Procedure, 2019.
Subject matter: Interim and/or Temporary Injunction
The Application is based on grounds that Reference No. 46 of 2021 and Reference No. 10 of 2022 arises from the same transaction, seeking more or less the same reliefs, the parties Advocates are the same and the subject matter of litigation are the same meriting consolidation of the two references to save the Honorable Courts time. That the said References No. 46 of 2021 and Reference No. 10 of 2022 raises wight issues of law and facts under Articles 6(d) and 7(2) of the East African Treaty.
That the main common theme in both Reference No. 46 of 2021 and Reference No. 10 of 2022 is that the Applicant herein who is a practicing Barrister in Kenya was condemned by the High Court of Kenya, by the Court of Appeal and by the Supreme Court of Kenya contrary to Rules of Natural justice before being saddled with the costs of proceedings contrary to the United Nations Basic Principles on the Role of Lawyers and in flagrant contravention of Articles 6(d) and 7(2) of the East African Treaty.
The Applicant contends that, in the premises, unless urgently restrained, the Deputy Registrar of the Court of Appeal and the Supreme Court of Kenya shall proceed to Tax the Respondents huge bills and enforce the same against the Applicant as a consequence whereof the Applicant herein who is a practicing Barrister together with the Applicants Clients stands to suffer irreparable harm and loss especially if the Taxed cost is enforced by way of committal to civil jail or unlawful auction of the Applicants Law-firm or by declaring the Applicant Bankrupt in contravention with Article 16 of the United Nations Basic Principles on the Roles of Lawyers.
The Applicant Peter Odiwuor Ngoge T/A O.P NGOGE & ASSOCIATES ADVOCATES seeks orders that the Application be certified extremely urgent and the same be heard Exparte electronically via video conference forthwith in the first instance on priority.
The Applicant further prays that pending the hearing and determination of Reference No. 46 of 2021 and Reference No. 10 of 2022, the Supreme Court of Kenya sitting in Petition No. 18 of 2015 and the Court of Appeal of Kenya sitting Nairobi Court of Appeal No. 51 of 2014 be restrained by an interim mandatory injunction from taxing the Respondents bill of costs therein and from enforcing the taxed cost against the Applicant/Advocate herein.
Finally, the Applicant seeks an order that this Honorable Court be pleased to consolidate and merge the Applicants Reference No. 46 of 2021 with Reference No. 10 of 2022 and that costs be provided for.
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