[2016] KEHC 4509 (KLR)
The court determined that, given the appellant's explicit statement that he could not obtain justice from the presiding judge and the judge's prior involvement in dismissing an application by the appellant, it would be improper and unjust for the judge to continue hearing the matter. To uphold the principle that...
Source-derived case information.
- Citation
- [2016] KEHC 4509 (KLR)
- Parties
- Appellant: Michael Kungu Kigia; Respondent: Agricultural Finance Corporation
- Court
- High Court
- Court Station
- High Court at Meru
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 22 of 2016
- Procedural Posture
- Civil Appeal / Ruling on Recusal and Transfer of Matter
- Outcome
- Matter transferred to ELC Nyeri for directions; judge recused himself.
- Judges
- FM Njoroge
- Legal Topics
- Judicial Recusal, Perceived Bias, Transfer of Suit
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kungu Kigia
Appellant
Agricultural Finance Corporation
Respondent
Procedural Posture
Civil Appeal / Ruling on Recusal and Transfer of Matter
Legal Issues
- 1 Whether the presiding judge should recuse himself due to perceived bias by the appellant.
- 2 Whether the matter should be transferred to another court for hearing.
Ratio Decidendi
The court determined that, given the appellant's explicit statement that he could not obtain justice from the presiding judge and the judge's prior involvement in dismissing an application by the appellant, it would be improper and unjust for the judge to continue hearing the matter. To uphold the principle that justice must be seen to be done and to avoid any appearance of bias, the judge recused himself and ordered the transfer of the matter to the Environment and Land Court (ELC) at Nyeri for further directions.
Court Disposition
Matter transferred to ELC Nyeri for directions; judge recused himself.
Orders
- The matter be transferred to the Environment and Land Court, Nyeri, for appropriate directions.
Full Case Text
Judgment text and source record
17 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MERU
HIGH COURT CIVIL APPEAL NO 22 OF 2016
MICHAEL KUNGU KIGIA …...............................................................APPELLANT
VERSUS
AGRICULTURAL FINANCE CORPORATION.................................DEFENDANT
R U L I N G/DIRECTIONS
This is an appeal from CMCC 257 of 1996 at Meru.
I have in the past dealt with matters involving this litigant. He told my Court that he could not get Justice from me. I recused myself from hearing any matter involving him.
Justice must not only be seen to be done but must appear to be done. Where there is even the faintest smell of bias, a Judicial Officer like myself must consider if it is proper and just to hear a litigant. The litigant stated in a veritably pellucid manner that he could not obtain Justice from me. I also on 11/10/2013 dismissed an application in this matter in which he sought the transfer of the suit from the lower Court to this Court after it had been in the lower Court for 17 years.
It is only fair and proper that this matter be heard by another Judge. I humbly direct that this matter be transferred to the ELC Court at Nyeri for directions.
I order as follows:-
Matter be transferred to ELC, Nyeri, for appropriate directions.
DELIVERED EX-PARTE IN OPEN COURT AT MERU THIS 23RD DAY OF MAY, 2016 IN THE PRESENCE OF:
CC: Onderi
P . M. NJOROGE
JUDGE