[2020] KEELC 754 (KLR)
The court found that since the presiding judge had already rendered a ruling on a similar reference in the same file, it would not be in the best interest of justice for the same judge to determine the subsequent reference. To preserve impartiality and avoid the appearance of bias, the matter should be allocated to...
Source-derived case information.
- Citation
- [2020] KEELC 754 (KLR)
- Parties
- Respondent: Kimani Richu & Associates Advocates; Applicant: Centurion Holdings Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application 225 of 2016
- Procedural Posture
- Miscellaneous Application / Reference on Taxation; Directions for Reallocation
- Outcome
- Reference not determined; matter to be reallocated to a different judge.
- Judges
- BM Eboso
- Legal Topics
- Taxation of Costs, Reference Procedure, Judicial Recusal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kimani Richu & Associates Advocates
Respondent
Centurion Holdings Limited
Applicant
Procedural Posture
Miscellaneous Application / Reference on Taxation; Directions for Reallocation
Legal Issues
- 1 Whether the presiding judge should determine a reference challenging the Taxing Officer's award after having previously ruled on a similar reference in the same file.
- 2 Whether the interests of justice require recusal and reallocation to a different judge.
Ratio Decidendi
The court found that since the presiding judge had already rendered a ruling on a similar reference in the same file, it would not be in the best interest of justice for the same judge to determine the subsequent reference. To preserve impartiality and avoid the appearance of bias, the matter should be allocated to a different judge for determination. The court therefore directed that the file be mentioned before the Presiding Judge for reallocation.
Court Disposition
Reference not determined; matter to be reallocated to a different judge.
Orders
- The file shall be mentioned before the Presiding Judge of the Environment and Land Court on 12/11/2020 for allocation to a different judge for disposal of the present reference.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC MISC. APPLICATION NO. 225 OF 2016
KIMANI RICHU & ASSOCIATES ADVOATES.....ADVOCATE/RESPONDENT
- VERSUS -
CENTURION HOLDINGS LIMITED..................................CLIENT/APPLICANT
DIRECTIONS
1. This matter was slated for ruling on a reference dated 22/11/2019 by M/s Centurion Holdings Limited. The reference was canvassed through written submissions.
2. While preparing the ruling, I have noted that this is the second reference that is coming for determination in this File. On 25/5/2018, I rendered a ruling relating to a similar reference by the advocate. I did set aside the taxing officer’s award and directed fresh taxation. The present reference is a challenge against the Taxing Officer’s award in the subsequent taxation. Because I had already pronounced myself on some of the issues coming up for determination in this new reference, it will not be in the best interest of justice if I were to determine this subsequent reference. This subsequent reference should be determined by a judge other than myself.
3. For the above reason, I direct that this file be mentioned before the Presiding Judge of the Environment and Land Court on 12/11/2020 for allocation to a different Judge for disposal of the present reference which was canvassed through written submissions. I apologise to the parties and their respective advocates for this development.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 5TH DAY OF NOVEMBER 2020.
B M EBOSO
JUDGE
In the Presence of: -
Mr Kiragu for the Client
Ms Ndungu for the Advocate
Court Clerk - June Nafula