[2019] KEHC 347 (KLR)
The judge determined that his previous interactions with the principal partners of the applicant law firm created a situation where his impartiality in the matter could reasonably be questioned. To maintain the integrity of the judicial process and avoid any appearance of bias, he found it necessary to recuse...
Source-derived case information.
- Citation
- [2019] KEHC 347 (KLR)
- Parties
- Applicant: Oloo and Oloo, Advocates; Respondent: Vihiga County Government
- Court
- High Court
- Court Station
- High Court at Kakamega
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 22 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Recusal
- Outcome
- Judge recused himself from the matter.
- Judges
- DN Musyoka
- Legal Topics
- Judicial Recusal, Conflict of Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Oloo and Oloo, Advocates
Applicant
Vihiga County Government
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Recusal
Legal Issues
- 1 Whether the presiding judge should recuse himself due to prior interactions with the applicant law firm.
Ratio Decidendi
The judge determined that his previous interactions with the principal partners of the applicant law firm created a situation where his impartiality in the matter could reasonably be questioned. To maintain the integrity of the judicial process and avoid any appearance of bias, he found it necessary to recuse himself from hearing and determining the application. The matter was therefore referred to another judge for further handling.
Court Disposition
Judge recused himself from the matter.
Orders
- The matter is to be placed before Judge Njagi J for further proceedings.
Full Case Text
Judgment text and source record
13 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT KAKAMEGA
MISCELLANEOUS CIVIL APPLICATION NO. 22 OF 2015
OLOO AND OLOO, ADVOCATES……….…..APPLICANT/ADVOCATES
VERSUS
VIHIGA COUNTY GOVERNMENT……………...RESPONDENT/CLIENT
RULING
1. When I settled down to prepare the ruling that the parties are waiting for in respect of the pending business herein, I found it extremely difficult for me to move forward in view of my past interactions with the principal partners of the applicant law firm, and especially taking note of the fact that this is a matter where they are parties, and I am called upon to make a decision for or against them.
2. On account of the above, I do hereby recuse myself from the matter. I shall place it before my brother Judge, Njagi J.
3. I regret the delay that has been there between 15th November 2019 when the ruling was first due and now. I too regret the inconvenience that my having to get out of the matter will cause to all those involved.
DATED, SIGNED and DELIVERED at KAKAMEGA this 11th DAY OF December, 2019
W. MUSYOKA
JUDGE