[2025] KEHC 70 (KLR)
The judge determined that, for personal reasons, he could not continue to preside over the matter. To avoid any perception of bias or conflict of interest, and in accordance with the principles of judicial impartiality, he recused himself and referred the matter to the Presiding Judge of the Division for further...
Source-derived case information.
- Citation
- [2025] KEHC 70 (KLR)
- Parties
- Applicant: Dr Samuel Nthenya Maina; Respondent: Brian Martin Francis; Respondent: The Estate of the Late Hiram Ngaruiya; Respondent: Isaac Njoroge Gitoho; Respondent: James Njuguna Gitoho; Respondent: Krisco Holdings Limited; Respondent: Muiboro Enterprises Limited; Respondent: KCB Bank Kenya Limited; Respondent: Bilha W Mwangi & Kemboi Julius Kopkosgei t/a Kemboi Law LLP; Respondent: Njeri Benson Ngugi; Respondent: Igeria Arthur Konye; Respondent: Njoroge David Ngumbu t/a Igeria & Ngugi Advocates
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Suit E112 of 2021
- Procedural Posture
- Civil Suit / Directions
- Outcome
- Judge recused himself; matter referred to Presiding Judge for further directions.
- Judges
- A Mabeya
- Legal Topics
- Judicial Recusal, Case Management
- Source Language
- en
Source-derived case record
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Parties
Dr Samuel Nthenya Maina
Applicant
Brian Martin Francis
Respondent
The Estate of the Late Hiram Ngaruiya
Respondent
Isaac Njoroge Gitoho
Respondent
James Njuguna Gitoho
Respondent
Krisco Holdings Limited
Respondent
Muiboro Enterprises Limited
Respondent
KCB Bank Kenya Limited
Respondent
Bilha W Mwangi & Kemboi Julius Kopkosgei t/a Kemboi Law LLP
Respondent
Njeri Benson Ngugi
Respondent
Igeria Arthur Konye
Respondent
Njoroge David Ngumbu t/a Igeria & Ngugi Advocates
Respondent
Procedural Posture
Civil Suit / Directions
Legal Issues
- 1 Whether the presiding judge should recuse himself from hearing the matter.
Ratio Decidendi
The judge determined that, for personal reasons, he could not continue to preside over the matter. To avoid any perception of bias or conflict of interest, and in accordance with the principles of judicial impartiality, he recused himself and referred the matter to the Presiding Judge of the Division for further directions. No substantive issues of law or fact were addressed, and no arguments were entertained from the parties.
Court Disposition
Judge recused himself; matter referred to Presiding Judge for further directions.
Orders
- The judge recuses himself from the matter.
- The file is referred to the Presiding Judge of the Division for further directions.
Full Case Text
Judgment text and source record
37 paragraphs
Maina v Francis & 10 others (Civil Suit E112 of 2021) [2025] KEHC 70 (KLR) (Commercial and Tax) (16 January 2025) (Directions)
Neutral citation: [2025] KEHC 70 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Commercial and Tax
Civil Suit E112 of 2021
A Mabeya, J
January 16, 2025
Between
Dr Samuel Nthenya Maina
Applicant
and
Brian Martin Francis
1st Respondent
The Estate of the Late Hiram Ngaruiya
2nd Respondent
Isaac Njoroge Gitoho
3rd Respondent
James Njuguna Gitoho
4th Respondent
Krisco Holdings Limited
5th Respondent
Muiboro Enterprises Limited
6th Respondent
KCB Bank Kenya Limited
7th Respondent
Bilha W Mwangi & Kemboi Julius Kopkosgei t/a Kemboi Law LLP
8th Respondent
Njeri Benson Ngugi
9th Respondent
Igeria Arthur Konye
10th Respondent
Njoroge David Ngumbu t/a Igeria & Ngugi Advocates
11th Respondent
Directions
1. I have carefully considered this matter. For personal reasons, I recuse myself from the matter and refer the same to the Presiding Judge of the Division for further directions.
SIGNED AT NAIROBI THIS 9TH DAY OF JANUARY, 2025. A. MABEYA, FCI ArbJUDGEDATED AND DELIVERED AT NAIROBI THIS 16TH DAY OF JANUARY, 2025. F. GIKONYOJUDGE