[2020] KEHC 4258 (KLR)

[2020] KEHC 4258 (KLR)

The court found that the applicants failed to establish any reasonable apprehension of bias or conflict of interest on the part of the judge. The allegation that the judge's former law firm acted for the plaintiffs after his appointment to the bench was factually incorrect, as he had ceased legal practice upon appointment. The authenticity of the letter relied upon by the applicants was disputed and, even if genuine, did not implicate the judge. The court's orders were made in response to the conduct of the parties and were consistent with the law and facts as found by both the High Court and the Court of Appeal. Allegations of bribery and improper conduct were unsubstantiated, raised...

Citation
[2020] KEHC 4258 (KLR)
Parties
Plaintiff: Farouk Ravate; Plaintiff: Justin Samourgompoulle; Defendant: Eric Agbeko; Defendant: Phillip Nyambok; Defendant: Spire Bank (formerly Equatorial Commercial Bank Limited); Interested Party: Ravasam Development Company Limited
Court
High Court
Court Station
High Court at Nairobi (Milimani Commercial Courts)
Jurisdiction
Kenya
Judgment Date
13 July 2020
Case Number
Civil Case 450 of 2011
Procedural Posture
Miscellaneous Application / Ruling on Application for Recusal of Judge
Outcome
application dismissed
Judges
F Tuiyott
Legal Topics
Judicial Recusal, Perceived Bias, Company Directorship Disputes, Shareholding Trusts, Abuse of Process
Source Language
English
Civil Procedure Commercial and Corporate Judicial Recusal Perceived Bias Company Directorship Disputes Shareholding Trusts Abuse of Process

Case Brief

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Parties

Farouk Ravate

Plaintiff

Justin Samourgompoulle

Plaintiff

Eric Agbeko

Defendant

Phillip Nyambok

Defendant

Spire Bank (formerly Equatorial Commercial Bank Limited)

Defendant

Ravasam Development Company Limited

Interested Party

Procedural Posture

Miscellaneous Application / Ruling on Application for Recusal of Judge

Legal Issues

  1. 1 Whether the judge should recuse himself from further hearing the matter due to alleged bias or conflict of interest.
  2. 2 Whether the judge's previous association with a law firm representing a party constitutes a ground for recusal.
  3. 3 Whether the judge's conduct in issuing certain orders demonstrates partiality or impropriety.

Ratio Decidendi

The court found that the applicants failed to establish any reasonable apprehension of bias or conflict of interest on the part of the judge. The allegation that the judge's former law firm acted for the plaintiffs after his appointment to the bench was factually incorrect, as he had ceased legal practice upon appointment. The authenticity of the letter relied upon by the applicants was disputed and, even if genuine, did not implicate the judge. The court's orders were made in response to the conduct of the parties and were consistent with the law and facts as found by both the High Court and the Court of Appeal. Allegations of bribery and improper conduct were unsubstantiated, raised...

Court Disposition

application dismissed

Orders

  • The Notice of Motion dated 1st June 2020 seeking recusal of the judge is dismissed with costs.
  • The matter shall proceed before the same judge unless otherwise directed by the Presiding Judge of the Commercial Division.