https://new.kenyalaw.org/akn/ke/judgment/scc/2026/145
Although the adjudicator was satisfied that she could decide the matter impartially, prior professional interactions with the firm on record could reasonably create a perception of bias. To protect the integrity and appearance of fairness in the proceedings, recusal was necessary.
Source-derived case information.
- Citation
- [2026] SCC 145 (KLR)
- Parties
- Claimant: Sheila Cheruto; Respondent: Faaith Paul t/a Mimshack Bales
- Court
- Small Claims Court
- Jurisdiction
- Kenya
- Case Number
- Claim E107074 of 2025
- Procedural Posture
- Small Claims Court Claim / Ruling on Recusal/judicial Disqualification
- Outcome
- Recusal allowed; adjudicator stepped aside from the matter.
- Judges
- ["GW Kiamah"]
- Legal Topics
- Recusal, Apparent Bias, Impartiality, Reasonable Apprehension of Bias, Allocation of Matter
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Sheila Cheruto
Claimant
Faaith Paul t/a Mimshack Bales
Respondent
Procedural Posture
Small Claims Court Claim / Ruling on Recusal/judicial Disqualification
Legal Issues
- 1 Whether the adjudicator should recuse herself due to prior professional interactions with the firm on record
- 2 Whether those prior interactions could create a reasonable apprehension of bias despite the absence of actual bias
Ratio Decidendi
Although the adjudicator was satisfied that she could decide the matter impartially, prior professional interactions with the firm on record could reasonably create a perception of bias. To protect the integrity and appearance of fairness in the proceedings, recusal was necessary.
Court Disposition
Recusal allowed; adjudicator stepped aside from the matter.
Orders
- The adjudicator recused herself from further conduct of the matter.
- The file to be placed before the Head of Station on 30/7/2026 for directions on reallocation.
Full Case Text
Judgment text and source record
1 paragraphs
Cheruto v Paul t/a Mimshack Bales (Claim E107074 of 2025) [2026] SCC 145 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] SCC 145 (KLR) Republic of Kenya In the Milimani Small Claims Court Claim E107074 of 2025 GW Kiamah, RM July 10, 2026 Between Sheila Cheruto Claimant and Faaith Paul t/a Mimshack Bales Respondent Ruling 1.This matter comes up for judgment. I have considered the claim, response, and supporting evidence filed before this Court. 2.Upon perusal of the pleadings, it has emerged that the claim herein has been filed by a firm with which I have previously had professional interactions. The issue arising is whether, in the circumstances, I should continue to preside over the matter or recuse myself to safeguard the integrity of the proceedings. 3.The guiding principle is that justice must not only be done but must manifestly and undoubtedly be seen to be done. Judicial officers are obligated to maintain both actual impartiality and the appearance of impartiality so as to preserve public confidence in the administration of justice. Recusal is therefore appropriate where circumstances exist that may give rise to a reasonable apprehension of bias in the mind of a fair-minded and informed observer. 4.While I am satisfied that I am capable of determining this matter impartially, the prior professional interactions with the firm on record may reasonably give rise to perceived concerns regarding impartiality. The Court must avoid any situation that could undermine confidence in the fairness and independence of the proceedings, regardless of the absence of actual bias. 5.In the interests of transparency and to uphold the integrity of the adjudicative process, it is prudent that I do not continue to handle the matter. The upshot is that I hereby recuse myself from further conduct of this matter. 6.The file shall be placed before the Head of Station on 30/7/2026 for directions on reallocation.It is so ordered. DATED AND DELIVERED AT NAIROBI VIA CTS THIS 10TH DAY OF JULY 2026HON. GLADYS. W. KIAMAHRESIDENT MAGISTRATE/ADJUDICATOR