[2025] KEHC 4168 (KLR)
The judge determined that, having previously dealt with a similar application involving the same parties and having formed firm opinions on the matter, his continued involvement would compromise the impartiality required of the court. To uphold the integrity of the judicial process and avoid any appearance of bias,...
Source-derived case information.
- Citation
- [2025] KEHC 4168 (KLR)
- Parties
- Applicant: Mentor Group Limited; Respondent: Doreen Kibia (Sole Arbitrator); Respondent: George Nduati Munene
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Commercial Courts)
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application E412 of 2024
- Procedural Posture
- Miscellaneous Application / Ruling on Judicial Recusal
- Outcome
- Judge recused himself; matter to be reallocated to another court.
- Judges
- A Mabeya
- Legal Topics
- Arbitrator Removal, Judicial Recusal, Arbitration Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Mentor Group Limited
Applicant
Doreen Kibia (Sole Arbitrator)
Respondent
George Nduati Munene
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Judicial Recusal
Legal Issues
- 1 Whether the presiding judge should recuse himself from determining the application for removal of the arbitrator.
- 2 Whether the application for removal of the arbitrator can proceed before the same judge who previously handled a similar matter between the parties.
Ratio Decidendi
The judge determined that, having previously dealt with a similar application involving the same parties and having formed firm opinions on the matter, his continued involvement would compromise the impartiality required of the court. To uphold the integrity of the judicial process and avoid any appearance of bias, the judge recused himself and directed that the matter be placed before the Presiding Judge for reallocation to another court.
Court Disposition
Judge recused himself; matter to be reallocated to another court.
Orders
- The judge recuses himself from the matter.
- The file is to be placed before the Presiding Judge of the Division for reallocation to another court for determination.
Full Case Text
Judgment text and source record
21 paragraphs
Mentor Group Limited v Doreen Kibia (Sole Arbitrator) & another (Miscellaneous Application E412 of 2024) [2025] KEHC 4168 (KLR) (Commercial and Tax) (3 April 2025) (Ruling)
Neutral citation: [2025] KEHC 4168 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Commercial Courts)
Commercial and Tax
Miscellaneous Application E412 of 2024
A Mabeya, J
April 3, 2025
Between
Mentor Group Limited
Applicant
and
Doreen Kibia (Sole Arbitrator)
1st Respondent
George Nduati Munene
2nd Respondent
Ruling
1. Before Court is a Notice of Motion dated 16/5/2024 and brought under sections 13 and 14 of the Arbitration Act. It sought for the removal of the 1st respondent from being the Arbitrator in the arbitration between the applicant and the 2nd respondent.
2. Further, it sought that the mandate of the 1st respondent as Arbitrator in the arbitration dispute between the applicant and the 2nd respondent herein as per the appointment letter dated 18/10/2023 be terminated. Consequently, that the Chartered Institute of Arbitrators (Kenya Chapter) be directed to appoint a different sole Arbitrator to determine the dispute between the applicant and the 2nd respondent as per the agreement dated 25/11/2005 between the applicant and the 2nd respondent.
3. When I was in process of preparing the ruling, I discovered that I had dealt with a similar application in 2022 and removed the first Arbitrator. At that time, I made firm opinions on the matter which in my view might not let the Court consider the matter dispassionately. In this regard, I do recuse myself and direct that the matter be placed before the Presiding Judge of the Division to allocate the same to another Court for determination.It is so ordered.
DATED AND DELIVERED AT KISUMU THIS 3RD DAY OF APRIL, 2025. A. MABEYA, FCI ArbJUDGE