[2012] KEHC 2946 (KLR)
The judge determined that, although her integrity was not being questioned, her previous involvement as Deputy Registrar in the same and related matters could give rise to a perception of bias. In the interest of justice and to ensure that all parties have confidence in the impartiality of the proceedings, she...
Source-derived case information.
- Citation
- [2012] KEHC 2946 (KLR)
- Parties
- Plaintiff: Bishop Rev. Joseph Memba; Plaintiff: Bishop Elijah Mulela; Plaintiff: Bishop Joel Kijiru; Plaintiff: Jeremiah Nzioka Ngiema; Plaintiff: Thomas Mutuse; Plaintiff: Isaac Bett; Plaintiff: Good New Church of Africa and the Gospel Furthering Bible Church Trust (Registered Trustees); Defendant: Darasa Investment Ltd
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 507 of 2009
- Procedural Posture
- Recusal Application / Ruling on Recusal of Judge
- Outcome
- Judge recused herself from the matter.
- Judges
- REA Ougo
- Legal Topics
- Judicial Recusal, Impartiality of Court, Land Disputes
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Bishop Rev. Joseph Memba
Plaintiff
Bishop Elijah Mulela
Plaintiff
Bishop Joel Kijiru
Plaintiff
Jeremiah Nzioka Ngiema
Plaintiff
Thomas Mutuse
Plaintiff
Isaac Bett
Plaintiff
Good New Church of Africa and the Gospel Furthering Bible Church Trust (Registered Trustees)
Plaintiff
Darasa Investment Ltd
Defendant
Procedural Posture
Recusal Application / Ruling on Recusal of Judge
Legal Issues
- 1 Whether the presiding judge should recuse herself from hearing the matter due to prior involvement as Deputy Registrar.
- 2 Whether the interests of justice require recusal to ensure impartiality.
Ratio Decidendi
The judge determined that, although her integrity was not being questioned, her previous involvement as Deputy Registrar in the same and related matters could give rise to a perception of bias. In the interest of justice and to ensure that all parties have confidence in the impartiality of the proceedings, she decided to recuse herself from the matter. The decision was made to facilitate expeditious handling of the case, which had been pending since 2007, and to allow the matter to proceed before another judge in the division. The recusal was not compelled by any party but was made voluntarily to uphold the principles of fairness and justice.
Court Disposition
Judge recused herself from the matter.
Orders
- The matter shall be mentioned before the presiding Judge of the ELC Division for directions on the hearing of the pending application.
Full Case Text
Judgment text and source record
26 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA ATNAIROBI
ENVIRONMENTAL & LAND CASE 507 OF 2009
BISHOP REV. JOSEPH MEMBA .………...….............................…………1ST PLAINTIFF
BISHOP ELIJAH MULELA ……….………..….............................………..2ND PLAINTIFF
BISHOP JOEL KIJIRU…………….………….........................…………...3RD PLAINTIFF
JEREMIAH NZIOKA NGIEMA…….……….................................…..………4TH PLAINTIFF
THOMAS MUTUSE……………….……………................................……...5TH PLAINTIFF
ISAAC BETT…………………………………….............................……….6TH PLAINTIFF
All suing on their own behalf and as registered trustees for an on behalf of
GOOD NEW CHURCH OF AFRICAAND THE GOSPEL FURTHERING
BIBLE CHURCH TRUST (Registered Trustees)…........................…. 7TH PLAINTIFF
VERSUS
DARASA INVESTMENT LTD ……..............................……DEFENDANT/APPLICANT
RULING
1. This Court gave the 1st defendant a chance to address it on the issue on why this Court should not continue to handle this matter. Counsel submitted before me and I have considered the submissions that were made. I do note that when I was a Deputy Registrar I dealt with this matter and other related matters.
Mr. Kamau has pointed out a comment I made in one of the matters. I understand the 1st defendant’s Counsel is not questioning the integrity of this Court but is asking this Court to recuse itself of my previous actions in the related matters and this matter. I have considered what was stated as a Court. I am interested in seeing to it that parties get justice in whichever Court they appear in.
I did give a ruling in this matter. In the said ruling, I considered the submissions, the facts raised and gave a ruling thereafter. The parties have shown interest in proceedings in this matter.
2. It is important that the matter be handled expeditiously bearing in mind that it has been in Court since 2007, I will recuse myself from the matter to enable the parties proceed before another Judge in the division. I do so not because I have been forced to do so but I do so in the interest of justice and for the benefits of all the parties. I take note of what Mr. Kamau said and I take that he did so in good faith. I therefore order that this mater be mentioned before the presiding Judge of the ELC Division for directions on the hearing of the application pending on suit.
Dated, signed and delivered this 18th day of July, 2012
R. OUGO
JUDGE
In the Presence of:-
…………………………………………..For the Applicant
…………………………………………… For the Respondent
KabiruCourt Clerk