[2010] KEHC 1254 (KLR)
The judge determined that, having previously presided over a disciplinary complaint before the Auctioneers Licensing Board involving the same property and parties, it would be improper for him to adjudicate the present matter. To maintain the integrity of the judicial process and avoid any appearance of bias or...
Source-derived case information.
- Citation
- [2010] KEHC 1254 (KLR)
- Parties
- Plaintiff: Paul K. Muite; Defendant: National Bank of Kenya Ltd; Defendant: Uniken Marketing Services Ltd; Defendant: J. W. Gicheha; Defendant: Peter Maina Ndirangu t/a Express Services Agency
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Civil Case 57 of 2010
- Procedural Posture
- Civil Case / Recusal Order
- Outcome
- Judge recused himself from the matter.
- Legal Topics
- Judicial Recusal, Conflict of Interest
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul K. Muite
Plaintiff
National Bank of Kenya Ltd
Defendant
Uniken Marketing Services Ltd
Defendant
J. W. Gicheha
Defendant
Peter Maina Ndirangu t/a Express Services Agency
Defendant
Procedural Posture
Civil Case / Recusal Order
Legal Issues
- 1 Whether the presiding judge should recuse himself due to prior involvement with the parties and subject matter as Chairman of the Auctioneers Licensing Board.
Ratio Decidendi
The judge determined that, having previously presided over a disciplinary complaint before the Auctioneers Licensing Board involving the same property and parties, it would be improper for him to adjudicate the present matter. To maintain the integrity of the judicial process and avoid any appearance of bias or conflict of interest, he recused himself and directed that the case be allocated to another judge.
Court Disposition
Judge recused himself from the matter.
Orders
- The judge recuses himself from hearing the case.
- The matter is to be allocated to another judge by the Principal Judge.
Full Case Text
Judgment text and source record
16 paragraphs
REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS)
CIVIL CASE 57 OF 2010
PAUL K. MUITE …………………………………………...…..PLAINTIFF
V E R S U S
NATIONAL BANK OF KENYA LTD ……………..……1ST DEFENDANT
UNIKEN MARKETING SERVICES LTD ………………2ND DEFENDANT
J. W. GICHEHA ………………………………………..….3RD DEFENDANT
PETER MAINA NDIRANGU T/A
EXPRESS SERVICES AGENCY ………………………..4TH DEFENDANT
O R D E R
On perusing the pleadings and affidavits in the file I have noted that a matter involving the property and parties herein came before the Auctioneers Licensing Board, of which I am the Chairman, following instructions to an auctioneer to levy distress against the Plaintiff on the property. The Board heard the disciplinary complaint and made decision against the auctioneer.
It would not be right, just or fair for me to sit in judgment in this matter given that background. I consequently recuse myself from the matter and ask the Principal Judge to allocate it to any other Judge.
DATED AND DELIVERED ATNAIROBI
THIS 4TH OF OCTOBER 2010
O. MUCHELULE
J U D G E