[2013] KEHC 3522 (KLR)
The court found that the submissions by the 2nd defendant's advocate, Mr. Kilonzo, were unprofessional and amounted to a personal attack on the judge, rather than addressing the substantive applications before the court. The judge determined that, in the interest of justice and to maintain the integrity of the...
Source-derived case information.
- Citation
- [2013] KEHC 3522 (KLR)
- Parties
- Plaintiff: Johanna Zouari Geissbulher; Defendant: Violi Federigo; Defendant: Luigi Freguglia
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 89 of 2008
- Procedural Posture
- Civil Suit / Directions on Interlocutory Applications and Recusal
- Outcome
- Matter to be heard before another judge; recusal of current judge.
- Judges
- CW Meoli
- Legal Topics
- Judicial Recusal, Professional Conduct, Written Submissions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Johanna Zouari Geissbulher
Plaintiff
Violi Federigo
Defendant
Luigi Freguglia
Defendant
Procedural Posture
Civil Suit / Directions on Interlocutory Applications and Recusal
Legal Issues
- 1 Whether the conduct of the 2nd defendant's advocate warranted recusal of the presiding judge.
- 2 Whether the applications filed on 4th and 18th June, 2012 should be heard before another judge.
- 3 Whether the submissions by the 2nd defendant's advocate constituted unprofessional conduct.
Ratio Decidendi
The court found that the submissions by the 2nd defendant's advocate, Mr. Kilonzo, were unprofessional and amounted to a personal attack on the judge, rather than addressing the substantive applications before the court. The judge determined that, in the interest of justice and to maintain the integrity of the proceedings, the matter should be placed before another judge for further directions and hearing. The court also indicated that professional intervention regarding the conduct of Mr. Kilonzo would be sought. The decision to recuse was not based on the merits of the applications but on the need to preserve the dignity of the court and ensure a fair hearing for all parties.
Court Disposition
Matter to be heard before another judge; recusal of current judge.
Orders
- The matter is to be placed before Hon. Justice Angote on 30th May, 2013 for mention and directions as to the hearing of the applications filed on 4th and 18th June, 2012 and conclusion of the trial.
- The Deputy Registrar is to issue notices to all parties.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
HIGH COURT AT MALINDI
CIVIL SUIT 89 OF 2008[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif]
JOHANNA ZOUARI GEISSBULHER …...........PLAINTIFF
VERSUS
VIOLI FEDERIGO
LUIGI FREGUGLIA .....................................DEFENDANTS
DIRECTIONS
This is a part heard matter. In a ruling I delivered on 28th November, 2012, I directed at paragraph 9, that two application filed on 4th June, 2012 and 18th June, 2012 be heard together “to pave way for a just determination of the issues therein.”
The hearing date was set for 11th December, 2012. On that date, Mr. Wambua for the 2nd Defendant requested that parties put in written submissions in regard to the two applications. The court was agreeable and a ruling date was set pending delivery of submissions on 13th December, 2012.
The plaintiff's submissions were filed on 13th December, 2012. The 2nd Defendant's submissions by Mr. Kilonzo were filed on 14th December, 2012.
The latter “submissions” as drafted hardly deal with the material applications. Instead, counsel for the 2nd defendant lunged at the Judge accusing her of all manner of mischief, misconduct and incompetence. Mr. Kilonzo even went on to assert that the judge has “a predetermined mind and arguing anything before you is a waste of time....that (his) client feels that he cannot get justice before (me)”.
It would appear that Mr. Kilonzo was aggrieved by the court's directions as given on 28th November, 2012 but rather than advise his client on the proper procedure determined to embarrass the court through a diatribe masqueraded as submissions. Perhaps he had no courage to utter the contemptuous statements to the face of the court hence the request to file written submissions. This conduct is not only unprofessional but it also degrades the high calling of an advocate to represent his client's interest.s it is a pity that Mr. Kilonzo has seeming scant regard for the provisions of Section 1A and 1B of the Civil procedure Act, or indeed the general authority of the court with regard to proceedings before it.
In light of the foregoing, I have come to the conclusion that in addition to seeking the necessary professional intervention regarding the conduct of Mr. Kilonzi, the interest of justice will be better served if this matter is heard before another judge. For this purpose I direct that the same be placed before Hon. Justice Angote on 30th May, 2013 for mention and directions as to the hearing of the applications filed on 4th and 18th June, 2012 as well as the conclusion of the trial.
The Deputy Registrar to issue notices to all parties.
Delivered and signed at Malindi this 10thday of May, 2013 in the presence of:
Court clerk - Evans
C. W. Meoli
JUDGE
[if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]