[2019] KEHC 5139 (KLR)
The court found that the application for recusal had been overtaken by events, as the presiding judge had been recommended for elevation to the Court of Appeal by the Judicial Service Commission. As a result, it would serve no useful purpose to render a considered ruling on the recusal application, since the judge...
Source-derived case information.
- Citation
- [2019] KEHC 5139 (KLR)
- Parties
- Applicant: Perpetual Wangechi Waitere; Applicant: Karen Heta Kangethe; Respondent: Agnes Waitwika Zambetakis
- Court
- High Court
- Court Station
- High Court at Nakuru
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 2 of 2017
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Recusal of Judge
- Outcome
- Application for recusal found to be moot; matter to be heard by another judge.
- Judges
- EM Ngugi, JK Mulwa
- Legal Topics
- Judicial Recusal, Stay of Execution, Bias of Judge
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Perpetual Wangechi Waitere
Applicant
Karen Heta Kangethe
Applicant
Agnes Waitwika Zambetakis
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Recusal of Judge
Legal Issues
- 1 Whether the presiding judge should recuse himself from the matter due to alleged bias.
- 2 Whether the application for recusal remains justiciable in light of the judge's impending elevation to the Court of Appeal.
Ratio Decidendi
The court found that the application for recusal had been overtaken by events, as the presiding judge had been recommended for elevation to the Court of Appeal by the Judicial Service Commission. As a result, it would serve no useful purpose to render a considered ruling on the recusal application, since the judge would no longer be in a position to hear the matter. The court therefore directed that the pending application for stay of execution be listed before any other High Court judge at Nakuru, and made no order as to costs.
Court Disposition
Application for recusal found to be moot; matter to be heard by another judge.
Orders
- The applicant's motion dated 09/04/2019 (for stay of execution) to be listed for hearing before any of the High Court judges in Nakuru High Court Station.
- There will be no order as to costs.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAKURU
MISC. CIVIL APPLICATION NO. 2 OF 2017
MATTERS ARISING FROM NAKURU SUCCESSION CAUSE NO. 96 OF 2000
IN THE MATTER OF THE ESTATE OF THE LATE RAHAB WANJIRU EVANS – DECEASED
PERPETUAL WANGECHI WAITERE
KAREN HETA KANGETHE
T/A KANGETHE, WAITERE & CO. ADVOCATES..............APPLICANT
VERSUS
AGNES WAITWIKA ZAMBETAKIS..................................RESPONDENT
RULING
1. On 03/04/2019, I gave a ruling giving certain orders against the Applicant/Advocate in this matter. The Applicant was aggrieved by the ruling. The Applicant was also persuaded that I am biased and that I have exhibited open bias against her in the matter. Consequently, when the Applicant filed an application for stay of execution of the orders emanating from the ruling of 03/04/2019, she filed a concomitant Application praying that I recuse myself from the matter. The Application for recusal is dated 20/05/2019.
2. The Application for recusal was orally argued before me on 12/06/2019. I reserved a ruling for 31/07/2019. As fate would have it, as I was considering the Application, the Judicial Services Commission (JSC) recommended my name to the President for appointment as a Judge of Appeal. In the circumstances, I came to the conclusion that it would serve no useful purpose to give a considered ruling on the motion for recusal. The new developments have rendered the question moot.
3. I will therefore direct that the Applicant’s motion dated 09/04/2019 (for stay of execution) be listed for hearing before any of the High Court judges in Nakuru High Court Station.
4. There will be no order of costs.
Dated at Nakuru this 30th day of July, 2019
..............................
JOEL NGUGI
JUDGE
Signed and Delivered this 31st day of July, 2019
.................................
J. N. MULWA
JUDGE