[2014] KEHC 5215 (KLR)
The judge determined that, due to reasons known to Mr. Wambua of Wambua Kilonzo and Company Advocates arising from previous proceedings, her continued involvement in the matter could compromise the appearance of impartiality. To ensure justice is both done and seen to be done, she recused herself from further...
Source-derived case information.
- Citation
- [2014] KEHC 5215 (KLR)
- Parties
- Applicant: Mary Mwikali Ndibo; Respondent: Michael Katua Ndibo
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Succession Cause 11 of 2009
- Procedural Posture
- Succession Cause / Judicial Recusal and Directions
- Outcome
- Judge recused herself; matter to be placed before another judge for directions.
- Judges
- CW Meoli
- Legal Topics
- Judicial Recusal, Probate and Administration, Estate Distribution
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mary Mwikali Ndibo
Applicant
Michael Katua Ndibo
Respondent
Procedural Posture
Succession Cause / Judicial Recusal and Directions
Legal Issues
- 1 Whether the presiding judge should recuse herself due to a potential conflict of interest.
- 2 How to ensure impartiality and fairness in the administration of the deceased's estate.
Ratio Decidendi
The judge determined that, due to reasons known to Mr. Wambua of Wambua Kilonzo and Company Advocates arising from previous proceedings, her continued involvement in the matter could compromise the appearance of impartiality. To ensure justice is both done and seen to be done, she recused herself from further handling the case and directed that it be placed before another judge for directions regarding the pending application.
Court Disposition
Judge recused herself; matter to be placed before another judge for directions.
Orders
- The matter is to be placed before Angote J. on 8th April, 2014 for directions regarding the application filed on 29th November, 2012.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT AT MALINDI
SUCCESSION CAUSE NO. 11 OF 2009
IN THE MATTER OF: THE ESTATE OF SIMON NDIBO MUSYOKI
(DECEASED)
BETWEEN
MARY MWIKALI NDIBO …………….………………………….. APPLICANT
VERSUS
MICHAEL KATUA NDIBO……………….……….....………... RESPONDENT
DIRECTIONS
One of the parties in this matter is represented by the firm of Wambua Kilonzo and Company Advocates. Arising from proceedings in a previous matter, and for reasons within the knowledge of Mr. Wambua of Wambua Kilonzo and Company Advocates, I would disqualify myself from further dealing with this matter, so that justice may be done and be seen to be done to the parties.
Let the matter be placed before Angote J. on 8th April, 2014 for directions as regards the application filed on 29th November, 2012
Delivered and signed at Malindi this28thday of March, 2014in the presence Mr. Matini for applicant, Mr. Gekanana holding brief for Mr. Wambua for the respondent
Court clerk – Samwel
C. W. Meoli
JUDGE