[2018] KEELC 3583 (KLR)
The court found that the contents of the plaintiff's letter could be construed as expressing a lack of faith in the court's impartiality and could lead a reasonable observer to question the judge's ability to decide the matter fairly. To preserve public confidence in the judiciary, maintain judicial independence,...
Source-derived case information.
- Citation
- [2018] KEELC 3583 (KLR)
- Parties
- Plaintiff: Michael Kungu Kigia; Defendant: Agricultural Finance Corporation; Defendant: Managing Director; Respondent: Omurende Iyadi; Respondent: Geoffrey Mwirebua; Respondent: Henry Kimani; Respondent: AFC Manager Meru
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Meru
- Jurisdiction
- Kenya
- Case Number
- ? 8 of 2017
- Procedural Posture
- Environment and Land Petition / Ruling on Judicial Recusal
- Outcome
- Judge recused herself from the proceedings.
- Legal Topics
- Judicial Recusal, Public Confidence in Judiciary, Impartiality of Court, Land Dispute
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Michael Kungu Kigia
Plaintiff
Agricultural Finance Corporation
Defendant
Managing Director
Defendant
Omurende Iyadi
Respondent
Geoffrey Mwirebua
Respondent
Henry Kimani
Respondent
AFC Manager Meru
Respondent
Procedural Posture
Environment and Land Petition / Ruling on Judicial Recusal
Legal Issues
- 1 Whether the judge should recuse herself from the proceedings due to allegations of bias and lack of confidence by the plaintiff.
- 2 Whether the integrity and public confidence in the judiciary require the judge's disqualification in this matter.
Ratio Decidendi
The court found that the contents of the plaintiff's letter could be construed as expressing a lack of faith in the court's impartiality and could lead a reasonable observer to question the judge's ability to decide the matter fairly. To preserve public confidence in the judiciary, maintain judicial independence, and uphold the dignity and integrity of the judicial office, the judge determined that recusal was necessary. The judge emphasized that justice must be seen to be done and that any appearance of bias or impropriety must be avoided. Accordingly, the judge disqualified herself from further participation in the proceedings and in any other matters involving the plaintiff.
Court Disposition
Judge recused herself from the proceedings.
Orders
- The judge disqualifies herself from participating in these proceedings and in any proceedings where the petitioner is a party.
Full Case Text
Judgment text and source record
25 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MERU
ELC PET NO. 8 OF 2017
MICHAEL KUNGU KIGIA....................................................PLAINTIFF
VERSUS
AGRICULTURAL FINANCE CORPORATION........1ST DEFENDANT
MANAGING DIRECTOR.........................................2ND DEFENDANT
OMURENDE IYADI...............................................3RD RESPONDENT
GEOFFREY MWIREBUA......................................4TH RESPONDENT
HENRY KIMANI.....................................................5TH RESPONDENT
AFC MANAGER MERU.........................................6TH RESPONDENT
ORDER/ RULING
1. On 26. 2.2018 this court gave a date for ruling in respect of two pending applications both filed by the plaintiff. The date given was 18. 4.2018. As I embarked on the role of writing the ruling, I came across a letter dated 1. 2.2018but filed in court on 1. 1.2018!, authored by the petitioner and addressed to the Deputy Registrar of this court. No one, not even the petitioner had brought to my attention the existence of this letter by the time I was handling the file on 26. 2.2018.
2. The contents of the letter are as follows; “Kindly note there is no instruction issued by neither respondents nor any letter of appointment of advocate to any law firm up to date 1st January 2018. Let you note the law firm of Rachid Ngaira and Co-advocate purported that was on record and on 24th January 2018, law firm of Gikunda and Co-advocates Meru mislead Judge that was appointed to hold brief without any instructions as I protested seriously in which case was unprocedural. I now demand the Hon. Court do mot entertain any document as orders have expired and allow the petition as I had filed interlocutory judgment against the respondence.
3. I find it necessary to invoke the Bangalore Principles of Judicial conduct in the preamble, where it is stated that; “Public confidence in the judicial system and in the moral authority and integrity of the Judiciary is of utmost importance in a modern democratic society”.
4. This court has always and will always uphold the values and principles set forth in the Bangalore Principles.
5. Justice must not merely be done but must also be seen to be done. The contents of the aforementioned letter may be construed to mean that the petitioner has no faith in this court. It may also appear to a reasonable observer that the judge is unable to decide the matter impartially since plaintiff has claimed that the Judge (myself) is being misled by advocates.
6. In light of the foregoing, and keeping in mind that public confidence in the Judiciary is fundamental to the maintenance of Judicial independence, and in order to re-affirm the people’s faith in the integrity of the Judicial office, and in order to preserve the dignity of Judiciary, I hereby disqualify myself from participating in these proceedings and in any proceedings where the petitioner is a party.
DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS DAY OF 18th APRIL, 2018 IN THE PRESENCE OF:-
Court Assistant:Janet/Galgalo
Michael Kungu Kigia – present
Other parties (respondents) - absent
HON. LUCY. N. MBUGUA
ELC JUDGE