[2015] KEHC 8293 (KLR)
The judge determined that, having previously come into contact with information arising from an investigation on the land in question while serving at the Kenya Anti-Corruption Commission, it would not be appropriate for him to handle the application or any part of the case. To avoid any perception of bias and in...
Source-derived case information.
- Citation
- [2015] KEHC 8293 (KLR)
- Parties
- Plaintiff: Crossley Holdings Limited; Defendant: Nagendra Saxena; Defendant: John Gitau Kimani t/a Jogi Auctioneers; Defendant: Miwani Sugar Mills Ltd; Defendant: Miwani Sugar Co. (1989) Ltd (In Receivership)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 459 of 2008
- Procedural Posture
- Civil Suit / Direction on Recusal and Reallocation
- Outcome
- The judge recused himself and directed the file be placed before the presiding judge for reallocation to another judge.
- Judges
- F Gikonyo
- Legal Topics
- Recusal of Judge, Want of Prosecution, Case Reallocation
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Crossley Holdings Limited
Plaintiff
Nagendra Saxena
Defendant
John Gitau Kimani t/a Jogi Auctioneers
Defendant
Miwani Sugar Mills Ltd
Defendant
Miwani Sugar Co. (1989) Ltd (In Receivership)
Defendant
Procedural Posture
Civil Suit / Direction on Recusal and Reallocation
Legal Issues
- 1 Should the presiding judge recuse himself from hearing the application for dismissal for want of prosecution due to prior knowledge of the facts?
- 2 What is the appropriate procedure for reallocation of the case in such circumstances?
Ratio Decidendi
The judge determined that, having previously come into contact with information arising from an investigation on the land in question while serving at the Kenya Anti-Corruption Commission, it would not be appropriate for him to handle the application or any part of the case. To avoid any perception of bias and in the interest of justice, the judge directed that the file be placed before the presiding judge for reallocation to another judge. This course of action, though it may cause some delay, is necessary to maintain the integrity of the judicial process and ensure fairness to all parties.
Court Disposition
The judge recused himself and directed the file be placed before the presiding judge for reallocation to another judge.
Orders
- The file is to be placed before the presiding judge of the division on 14th September 2015 for reallocation to another judge.
- The judge who takes over the matter will write a ruling on the pending application.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
MILIMANI COMMERCIAL COURT
CIVIL SUIT NO. 459 OF 2008
CROSSLEY HOLDINGS LIMITED .....…………………. PLAINTIFF
Versus
NAGENDRASAXENA …...…..….…............………… 1STDEFENDANT
JOHN GITAU KIMANI T/A
JOGIAUCTIONEERS ...…...…….....………..………...… 2NDDEFENDANT
MIWANI SUGAR MILLS LTD ……........………………... 3RD DEFENDANT
MIWANI SUGAR CO. (1989) LTD .
(IN RECEIVERSHIP) ……..........................………………… 4TH DEFENDANT
DIRECTIONS
[1] Today had been set as the date for the delivery of a ruling on the3rd and 4th Defendants’ Motion dated 10th September 2014 which is seeking the dismissal of this suit for want of prosecution. But, upon meticulous perusal of the entire application and the file, something kept on disturbing my mind, and saying to me that the facts of this case are familiar. I followed my sixth sense and it came to my knowledge that, while I was in charge of the Department of Civil Litigation and Asset Recoveryat Kenya Anti-corruption Commission(KACC) now EACC, I came into contact with information arising from an investigation on the land in question herein. My objective view, therefore, is that, in the best interest of all the parties and justice, I should not handle the application herein or any part of this case. Accordingly, I direct that this file be placed before the presiding judge of the division on 14th September 2015 for re-allocation to another judge. Submissions have been filed and the judge who will take over the matter will write a ruling straight away. I regret this move may occasion some delay in the disposal of the application, but it is most desirable course to take in the circumstances of the case and for above reason. It is so directed.
Dated, signed and delivered in court at Nairobi this 21st day of July 2015.
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F. GIKONYO
JUDGE