[2010] KEHC 4093 (KLR)
The judge determined that, having previously acted as an advocate for the 9th plaintiff and maintaining a close relationship with its directors, there existed a conflict of interest or at least the appearance of bias. To uphold the integrity of the court and the principle of impartiality, the judge found it...
Source-derived case information.
- Citation
- [2010] KEHC 4093 (KLR)
- Parties
- Plaintiff: African Wildlife Foundation Registered Trustees; Plaintiff: Amboseli Trust for Elephants; Plaintiff: Ol Donyo Wuasi Ltd; Plaintiff: East African Wildlife Society; Plaintiff: Luca Safari Ltd; Plaintiff: Maasai Wilderness Conservation Trust; Plaintiff: AfricanConservationCenter; Plaintiff: Maasai Preservation Trust; Plaintiff: Explore Mara Ltd; Defendant: Sinohydro Corporation Limited Ltd
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Civil Case 131 of 2009
- Procedural Posture
- Civil Case / Ruling on Recusal Application
- Outcome
- Judge recused himself; no orders made on the substantive application.
- Judges
- I Lenaola
- Legal Topics
- Judicial Recusal, Conflict of Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
African Wildlife Foundation Registered Trustees
Plaintiff
Amboseli Trust for Elephants
Plaintiff
Ol Donyo Wuasi Ltd
Plaintiff
East African Wildlife Society
Plaintiff
Luca Safari Ltd
Plaintiff
Maasai Wilderness Conservation Trust
Plaintiff
AfricanConservationCenter
Plaintiff
Maasai Preservation Trust
Plaintiff
Explore Mara Ltd
Plaintiff
Sinohydro Corporation Limited Ltd
Defendant
Procedural Posture
Civil Case / Ruling on Recusal Application
Legal Issues
- 1 Whether the presiding judge should recuse himself due to a conflict of interest with the 9th plaintiff.
Ratio Decidendi
The judge determined that, having previously acted as an advocate for the 9th plaintiff and maintaining a close relationship with its directors, there existed a conflict of interest or at least the appearance of bias. To uphold the integrity of the court and the principle of impartiality, the judge found it necessary to disqualify himself from further handling the matter. The file was ordered to be placed before the Resident Judge at Machakos for appropriate directions and orders.
Court Disposition
Judge recused himself; no orders made on the substantive application.
Orders
- The judge disqualifies himself from the matter.
- The file is to be placed before the Resident Judge Machakos for appropriate directions and orders.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
CIVIL CASE 131 OF 2009
1. AFRICAN WILDLIFE FOUNDATION REGISTERED TRUSTEES
2. AMBOSELI TRUST FOR ELEPHANTS
3. OL DONYO WUASI LTD
4. EAST AFRICAN WILDLIFE SOCIETY
5. LUCA SAFARI LTD
6. MAASAI WILDERNESS CONSERVATION TRUST
7. AFRICANCONSERVATIONCENTER
8. MAASAI PRESERVATION TRUST
9. EXPLORE MARA LTD……………………………... …………………..…PLAINTIFFS
VERSUS
SINHYDRO CORPORATION LIMITED LTD………………………... DEFENDANT
RULING
1. On 26. 10. 2009, I set down the application dated 30. 4.2009 for Ruling on 16. 12. 2009. When I retired to consider the issues in contest, I realized that I am closely associated with the 9th Plaintiff, a company I acted for as an advocate and remain very close to its Directors. I had not previously noticed that it was a party to the suit because it was only introduced by an amendment to the Plaint filed on 2. 7.2009. I regret the inadvertence on my part.
2. In the event, and with sincere apologies to parties, I decline to make any orders in this matter and will instead disqualify myself and order that this file be placed before the Resident judge Machakos for appropriate directions and orders.
3. Orders accordingly.
Dated and delivered at Machakos this 11th day of February, 2010
Isaac Lenaola
Judge
In the presence of; Mr. Makanda for Plaintiff/Applicant
Isaac Lenaola
Judge