[2021] KEHC 8952 (KLR)
The court found that, having disclosed his association with Kituo Cha Sharia and in the absence of any objection from the parties, there was no reasonable ground for recusal. The judge affirmed his ability to act impartially and in accordance with the law. On the issue of interim orders, the court exercised its...
Source-derived case information.
- Citation
- [2021] KEHC 8952 (KLR)
- Parties
- Applicant: Mwongela Isaiah Mbiti; Respondent: Hon Lady Justice Philomena Mbete Mwilu; Respondent: The Judicial Service Commission; Interested Party: Attorney General; Interested Party: Director Of Public Prosecutions; Interested Party: Director Of Criminal Investigations
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Constitutional Petition E002 of 2021
- Procedural Posture
- Constitutional Petition / Ruling on Recusal and Interim Stay Extension
- Outcome
- Application for recusal declined; interim stay of conservatory orders extended.
- Judges
- PJO Otieno
- Legal Topics
- Judicial Recusal, Conservatory Orders, Judicial Impartiality
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mwongela Isaiah Mbiti
Applicant
Hon Lady Justice Philomena Mbete Mwilu
Respondent
The Judicial Service Commission
Respondent
Attorney General
Interested Party
Director Of Public Prosecutions
Interested Party
Director Of Criminal Investigations
Interested Party
Procedural Posture
Constitutional Petition / Ruling on Recusal and Interim Stay Extension
Legal Issues
- 1 Whether the presiding judge should recuse himself due to prior association with Kituo Cha Sharia.
- 2 Whether the interim stay of conservatory orders should be extended pending further directions.
Ratio Decidendi
The court found that, having disclosed his association with Kituo Cha Sharia and in the absence of any objection from the parties, there was no reasonable ground for recusal. The judge affirmed his ability to act impartially and in accordance with the law. On the issue of interim orders, the court exercised its discretion to extend the stay of the interim conservatory orders to maintain the status quo and ensure fairness to all parties until the next scheduled date. The ruling emphasized the importance of both judicial impartiality and the need to preserve the litigation field as even and level pending further proceedings.
Court Disposition
Application for recusal declined; interim stay of conservatory orders extended.
Orders
- The presiding judge shall not recuse himself from the matter.
- The interim stay of the interim conservatory orders is extended until 4th March 2021.
Full Case Text
Judgment text and source record
28 paragraphs
Mbiti v Mwilu & another; Attorney General & 2 others (Interested Parties) (Constitutional Petition E002 of 2021) [2021] KEHC 8952 (KLR) (15 February 2021) (Ruling)
Mwongela Isaiah Mbiti v Philomena Mbete Mwilu & another; Attorney General & 2 others (Interested Parties) [2021] eKLR
Neutral citation: [2021] KEHC 8952 (KLR)
Republic of Kenya
In the High Court at Meru
Constitutional Petition E002 of 2021
PJO Otieno, J
February 15, 2021
Between
Mwongela Isaiah Mbiti
Petitioner
and
Hon Lady Justice Philomena Mbete Mwilu
1st Respondent
The Judicial Service Commission
2nd Respondent
and
Attorney General
Interested Party
Director Of Public Prosecutions
Interested Party
Director Of Criminal Investigations
Interested Party
Ruling
1. Having disclosed my association with Kituo Cha Sharia as a member of its Annual General Meeting, none of the counsel parties have expressed any reservation about my inability to deal with this matter impartially and judiciously. In those circumstances, I find no reason to recuse myself as I am able to follow my conscience and belief notions of justice, fairness and the rule of law.
2. With concurrence of the parties, I shall hear the matter unless there be any reason to justify otherwise.
3. On the request by counsel for the 1st respondent that the interim stay of the interim conservatory orders be extended, I am indeed minded to maintain the litigation field even and level. I direct that the position prevailing as of today, when the file was first called out, be maintained. That advices that the stay order be extended till the 4. 3.2021.
DATED, SIGNED AND DELIVERED AT MERU THIS 15TH DAY OF FEBRUARY 2021PATRICK J O OTIENOJUDGE