[2020] KEHC 4634 (KLR)
The judge determined that, having previously been associated with the firm of Messrs. Madzayo Mrima & Company Advocates, which prepared an exhibit in the matter, there existed a conflict of interest or at least a perception thereof. To maintain the integrity and impartiality of the judicial process, the judge found...
Source-derived case information.
- Citation
- [2020] KEHC 4634 (KLR)
- Parties
- Appellant: Johnson Otieno Adera; Respondent: South Nyanza Sugar Co. Ltd
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 9 of 2018
- Procedural Posture
- Civil Appeal / Recusal Order
- Outcome
- Judge recused himself; file to be transferred to High Court at Homa Bay for hearing and determination.
- Judges
- AC Mrima
- Legal Topics
- Judicial Recusal, Conflict of Interest
- 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
Johnson Otieno Adera
Appellant
South Nyanza Sugar Co. Ltd
Respondent
Procedural Posture
Civil Appeal / Recusal Order
Legal Issues
- 1 Whether the presiding judge should recuse himself due to prior association with a law firm involved in the matter.
Ratio Decidendi
The judge determined that, having previously been associated with the firm of Messrs. Madzayo Mrima & Company Advocates, which prepared an exhibit in the matter, there existed a conflict of interest or at least a perception thereof. To maintain the integrity and impartiality of the judicial process, the judge found it necessary to recuse himself from hearing the appeal. Consequently, the matter was ordered to be transferred to another court for hearing and determination.
Court Disposition
Judge recused himself; file to be transferred to High Court at Homa Bay for hearing and determination.
Orders
- The judge recuses himself from hearing the appeal.
- The file shall be transmitted to the High Court at Homa Bay for hearing and determination.
Full Case Text
Judgment text and source record
21 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENY AT MIGORI
[Coram: A. C. Mrima, J.]
CIVIL APPEAL NO. 9 OF 2018
JOHNSON OTIENO ADERA...............................................................APPELLANT
VERSUS
SOUTH NYANZA SUGAR CO. LTD.................................................RESPONDENT
ORDER
1. I have realized that the firm of Messrs. Madzayo Mrima & Company Advocates prepared one of the documents which was produced as an exhibit in this matter. I was associated with the said firm when I was practicing as an Advocate of the High Court of Kenya.
2. Resulting therefrom, I hereby recuse myself from hearing this appeal.
3. The file shall be transmitted to the High Court at Homa Bay for hearing and determination.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 25th day of June 2020.
A. C. MRIMA
JUDGE
Order delivered electronically through: -
1. wakili@aklaw.co.ke for the firm of Messrs. Adera & Kenyatta Advocates for the Appellant.
2. okongowadangomigori@gmail.com for the firm of Messrs. Okongo Wandago & Co. Advocates for the Respondent.
3. Parties are at liberty to obtain hard copies of the Order from the Registry upon payment of the requisite charges.
A. C. MRIMA
JUDGE