[2020] KEHC 3830 (KLR)
The judge determined that, having previously handled various matters involving the applicant which have a bearing on the current matter, it was appropriate to recuse himself to avoid any appearance of bias or conflict of interest. Consequently, the matter should be transferred to another High Court for further...
Source-derived case information.
- Citation
- [2020] KEHC 3830 (KLR)
- Parties
- Applicant: Paul Otieno Ombogo; Respondent: Inspector General of Police
- Court
- High Court
- Court Station
- High Court at Migori
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 20 of 2016
- Procedural Posture
- Miscellaneous Application / Recusal and Transfer Order
- Outcome
- The judge recused himself and ordered the transfer of the file to the High Court in Homa Bay.
- Judges
- AC Mrima
- Legal Topics
- Judicial Recusal, Transfer of Proceedings
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Paul Otieno Ombogo
Applicant
Inspector General of Police
Respondent
Procedural Posture
Miscellaneous Application / Recusal and Transfer Order
Legal Issues
- 1 Whether the presiding judge should recuse himself from hearing the matter due to prior involvement with the applicant.
- 2 Whether the matter should be transferred to another High Court for further proceedings.
Ratio Decidendi
The judge determined that, having previously handled various matters involving the applicant which have a bearing on the current matter, it was appropriate to recuse himself to avoid any appearance of bias or conflict of interest. Consequently, the matter should be transferred to another High Court for further handling to ensure impartiality and fairness in the proceedings.
Court Disposition
The judge recused himself and ordered the transfer of the file to the High Court in Homa Bay.
Orders
- The presiding judge recuses himself from further hearing the matter.
- The court file shall be transferred to the High Court in Homa Bay for further dealing.
Full Case Text
Judgment text and source record
22 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT MIGORI
(Coram: A. C. Mrima, J.)
MISC. APPLN NO. 20 OF 2016
PAUL OTIENO OMBOGO.............................APPLICANT
VERSUS
INSPECTOR GENERAL OF POLICE.........RESPONDENT
ORDER
1. I have previously handled various matters involving the Applicant herein. The matters have a bearing on this matter.
2. I hereby recuse myself from further hearing this matter.
3. The Court file shall be transferred to the High Court in Homa Bay for further dealing.
4. The parties shall be duly notified of any directions by the High Court at Homa Bay.
Orders accordingly.
DELIVERED, DATED and SIGNED at MIGORI this 02nd day of July 2020.
A. C. MRIMA
JUDGE
Orderdelivered in open Court and in the presence of:
Esther Opiyo,Counsel instructed by Attorney General Chambers for the Respondent
Mr. Kimanthi, Senior Principal Prosecution Counsel instructed by the Office of the Director of Public Prosecutions for the State.
Evelyne Nyauke –Court Assistant
A.C. MRIMA
JUDGE