[2019] KEHC 8361 (KLR)
The court found that, despite the applicant's apparent intention to vex and delay proceedings through repeated recusal applications, it is not in the best interest of justice for a judge to preside over a matter where a litigant expresses discomfort. Rather than allowing the recusal application, the court exercised...
Source-derived case information.
- Citation
- [2019] KEHC 8361 (KLR)
- Parties
- Respondent: Christopher Muriuki Mwai; Applicant: Peter Lawrence Kinyua Mwai; MISSING: Margret Muchiru Mwai
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 79 of 2016
- Procedural Posture
- Succession Cause / Ruling on Application for Recusal and Transfer of Cause
- Outcome
- Application for recusal not allowed; cause transferred to Nanyuki High Court on court's own motion.
- Judges
- A Mshila
- Legal Topics
- Judicial Recusal, Transfer of Succession Cause, Administration of Estates
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Christopher Muriuki Mwai
Respondent
Peter Lawrence Kinyua Mwai
Applicant
Margret Muchiru Mwai
MISSING
Procedural Posture
Succession Cause / Ruling on Application for Recusal and Transfer of Cause
Legal Issues
- 1 Whether the judge should recuse herself from hearing the succession cause as sought by the applicant.
- 2 Whether the succession cause should be transferred to another High Court station for hearing and determination.
Ratio Decidendi
The court found that, despite the applicant's apparent intention to vex and delay proceedings through repeated recusal applications, it is not in the best interest of justice for a judge to preside over a matter where a litigant expresses discomfort. Rather than allowing the recusal application, the court exercised its inherent jurisdiction to transfer the succession cause to the High Court at Nanyuki, where both parties reside and where the suit property is located. This approach ensures the expeditious and fair disposal of the matter while addressing the applicant's concerns about impartiality.
Court Disposition
Application for recusal not allowed; cause transferred to Nanyuki High Court on court's own motion.
Orders
- The cause be and is hereby transferred to Nanyuki High Court for hearing and determination.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NYERI
SUCCESSION CAUSE NO. 79 OF 2016
CHRISTOPHER MURIUKI MWAI................PETITIONER/RESPONDENT
MARGRET MUCHIRU MWAI......................................................DECEASED
VERSUS
PETER LAWRENCE KINYUA MWAI................APPLICANT/OBJECTOR
RULING
The application before this court is brought by way of Notice of Motion dated the 25th January, 2019 and is premised under no specific provision of the law; the applicant seeks for the recusal of this court and relies on the grounds on the face of the application and on his Supporting Affidavit made on the 25/01/2019.
Upon reading the grounds and the Supporting Affidavit and upon hearing the parties herein it is apparent that the applicant has a history of making such applications with a view to vexing the court and is also bent on delaying the expeditious disposal of the cause.
The above notwithstanding this courts considered new is that it would not be in the best interest of justice for a judge to preside over a case where a litigant is not comfortable.
The parties both reside in Nanyuki and the suit property is also situated in Nanyuki and there is a High Court Station, thereat; therefore instead of allowing the application for recusal this court on its own motion (suo moto) shall direct that this cause to be transferred to Nanyuki High Court for hearing and determination.
The cause be and is hereby transferred to Nanyuki High Court.
Orders Accordingly
Dated Signed and delivered this 4th day of April 2019.
HON. A. MSHILA
JUDGE