[2025] KEHC 3395 (KLR)
The Court held that, given the request for recusal and the Judge's prior involvement in related matters, it was appropriate for the Judge to recuse himself to maintain the integrity and impartiality of the judicial process. The Court found that, although interim relief was sought, the determination of the recusal...
Source-derived case information.
- Citation
- [2025] KEHC 3395 (KLR)
- Parties
- Appellant: Kenya Copyright Board; Respondent: Kenya Association of Music Producers (KAMP); Respondent: Performance & Audio-Visual Rights Society of Kenya (PAVRISK); Interested Party: Music Copyright Society of Kenya (MCSK)
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E1035 of 2024
- Procedural Posture
- Civil Appeal / Ruling on Recusal and Interim Stay Application
- Outcome
- The Judge recused himself from the matter and directed that the file be placed before another Judge for further directions.
- Judges
- AC Mrima
- Legal Topics
- Judicial Recusal, Interim Orders, Copyright Appeals, Stay of Execution
- 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
Kenya Copyright Board
Appellant
Kenya Association of Music Producers (KAMP)
Respondent
Performance & Audio-Visual Rights Society of Kenya (PAVRISK)
Respondent
Music Copyright Society of Kenya (MCSK)
Interested Party
Procedural Posture
Civil Appeal / Ruling on Recusal and Interim Stay Application
Legal Issues
- 1 Whether the presiding Judge should recuse himself due to prior involvement in related matters now pending before the Supreme Court.
- 2 Whether an interim stay of execution of the Copyright Tribunal's judgment should be granted pending determination of the recusal application.
Ratio Decidendi
The Court held that, given the request for recusal and the Judge's prior involvement in related matters, it was appropriate for the Judge to recuse himself to maintain the integrity and impartiality of the judicial process. The Court found that, although interim relief was sought, the determination of the recusal application took precedence in the circumstances. However, in view of the urgency and public interest, the Court set aside the earlier direction requiring a formal recusal application and recused itself immediately, directing that the matter be placed before another Judge for further directions. This approach ensured that no prejudice would be suffered by the parties and that the...
Court Disposition
The Judge recused himself from the matter and directed that the file be placed before another Judge for further directions.
Orders
- The direction requiring a formal recusal application is set aside.
- The Court recuses itself from the matter due to prior involvement in related cases.
Full Case Text
Judgment text and source record
28 paragraphs
Kenya Copyright Board v Kenya Association of Music Producers (KAMP & another; Music Copyright Society of Kenya (MCSK) (Interested Party) (Civil Appeal E1035 of 2024) [2025] KEHC 3395 (KLR) (Civ) (19 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3395 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Civil
Civil Appeal E1035 of 2024
AC Mrima, J
March 19, 2025
Between
Kenya Copyright Board
Appellant
and
Kenya Association of Music Producers (KAMP)
1st Respondent
Performance & Audio-Visual Rights Society of Kenya (PAVRISK)
2nd Respondent
and
Music Copyright Society of Kenya (MCSK)
Interested Party
Ruling
1. When this matter came up on 17th March 2025 for directions on the hearing of the Amended Notice of Motion dated 29th October 2024, two issues were raised. The first issue was on the recusal of the Judge on grounds that he had previously dealt with similar matters which are now pending before the Supreme Court. Learned Counsel was of the view that another Judge ought to instead deal with the instant matter.
2. The second issue was a plea for an interim stay of execution of the judgment of the Copyright Tribunal in COPTA No. E002 of 2024 rendered on 3rd September 2024.
3. Learned Counsel for the various parties herein tendered their rival submissions on the twin issues.
4. Having carefully considered the said issues, this Court takes the position that in view of the urge by one of the parties for this Court to recuse itself and having directed that a formal application be made, such applications ordinarily take precedence. However, depending on the unique circumstances of a case, a Court may nevertheless deal with other issues pending the determination of a recusal application.
5. In this matter, there are myriad of cases that were instituted out of the events under litigation. Apart from the two matters that were handled by the Copyright Tribunal and which are now subject of appeal, there was also a Commercial Petition No. E014 of 2024 at the Commercial and Tax Division which was allegedly determined. This Court called for the said file, but it is yet to be availed.
6. The determination of whether to grant the interim orders sought is, therefore, not a mechanical exercise in this case. It calls upon a Court to comb through all the related matters to avoid a situation of issuing orders that may put the judicial process into ridicule. To this Court, that duty may be well discharged after determination of the recusal application. Having said so and in view of the urgency in this matter and the public interest involved, this Court holds that no doubt the matter calls for urgent dealing. As such, this Court will revisit the directions given on 17th March 2025 with a view of progressing this matter further.
7. Deriving from the foregoing, the following orders do hereby issue: -a. The direction that a formal recusal application be filed is hereby set-aside and this Court accordingly recuses itself from this matter on the basis that it has previously handled related matters and since this Court is not the final appellate Court and there are other Judges in the Division, no prejudice will be visited upon the parties if the matter is to be handled by another Judge.b. This matter shall be placed before Hon. Lady Justice Cherere for further directions on 20th March 2025. Orders accordingly.
DELIVERED, DATED AND SIGNED AT NAIROBI THIS 19TH DAY OF MARCH, 2025. A. C. MRIMAJUDGE