[2010] KEHC 3834 (KLR)
The presiding judge found that the letter authored by counsel for the 2nd accused contained innuendo suggesting the judge was compromised or involved in a conspiracy against the accused. This amounted to a serious breach of professional conduct and created a perception that the accused and their counsel would not...
Source-derived case information.
- Citation
- [2010] KEHC 3834 (KLR)
- Parties
- Applicant: Republic; Defendant: Dickson Mwangi Munene; Defendant: Alexander Chepkonga Francis
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 11 of 2009
- Procedural Posture
- Criminal Case / Ruling on Judicial Recusal
- Outcome
- Presiding judge disqualified herself from further trying the accused persons in the case.
- Judges
- JW Lessit
- Legal Topics
- Judicial Recusal, Judicial Bias, Professional Conduct, Court Ethics
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Dickson Mwangi Munene
Defendant
Alexander Chepkonga Francis
Defendant
Procedural Posture
Criminal Case / Ruling on Judicial Recusal
Legal Issues
- 1 Whether the presiding judge should recuse herself from the case due to allegations of bias and impropriety.
- 2 Whether the conduct of counsel in addressing the court through a letter constituted a breach of professional etiquette.
Ratio Decidendi
The presiding judge found that the letter authored by counsel for the 2nd accused contained innuendo suggesting the judge was compromised or involved in a conspiracy against the accused. This amounted to a serious breach of professional conduct and created a perception that the accused and their counsel would not have the requisite respect for the court. To maintain the integrity of the judicial process and ensure justice is seen to be done, the judge determined it was in the interest of justice, law, order, and the rule of law to disqualify herself from further handling the matter. The judge emphasized that the court should not be drawn into side shows or controversies that could...
Court Disposition
Presiding judge disqualified herself from further trying the accused persons in the case.
Orders
- The presiding judge disqualifies herself from the case.
- Accused persons to be remanded in custody for mention for purposes of fixing hearing dates on 12th March, 2010.
Full Case Text
Judgment text and source record
30 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT NAIROBI (NAIROBI LAW COURTS)
Criminal Case 11 of 2009
REPUBLIC…............................…………..….………PROSECUTOR
-VERSUS-
DICKSON MWANGI MUNENE……………...…………1ST ACCUSED
ALEXANDER CHEPKONGA FRANCIS………….……2ND ACCUSED
RULING
Coram:Lesiit, J
Elisha - court clerk
1st accused - present
2nd accused - present
Mr Ndemo/Kaigai/Muli for state
Mr. Kioko/Mr. Kilukumi for 1st accused
Mr. Murgor/Mr. Kiprop/Kurgat for 2nd accused
Mr. Mutua/absent for family/estate of deceased.
Court –
I have had occasion to read part of a letter addressed to the Deputy Registrar of this court and signed by Mr. P.K. Murgor and dated 18th November, 2009. My comments of the letter in brief are:
(1)There is obvious innuendo that the Presiding Judge of the case has been drawn into some compromise, or is part and parcel of a conspiracy against the interests of the accused persons in this case.
(2)This a serious breach of professional etiquette and conduct. It is a sign of malicious and covert impunity exercised without any caution or professional restraint. It is a conduct unbecoming of a learned counsel, especially of the stature of the signatory of that letter.
(3)As the Presiding Judge in this case I see a deliberate attempt to draw the court into a web of “behind the scenes sideshows” or circus. The court has no business getting involved in side shows or being drawn into such webs.
(4)As the presiding officer of this case I find it will not be to the interest of justice, law, order and the rule of law to continue handling this matter. Justice is best seen to be done not just to be done. From the letter and spirit of the said letter, which now forms part of the record of this case, I get the clear, distinct and unmistakable notion that the counsel who signed the letter, together with his client, will not have the required respect for this court to enable it discharge its duty. I do not wish to defend my record or prove any point by hanging on to this case. It is best I release it at the earliest opportunity.
(5)For the reasons I have set out hereinabove I hereby disqualify myself from further trying the accused persons in this case.
LESIIT
JUDGE
Court– Accused person will be remanded in custody for mention for purposes of fixing hearing dates on 12th March, 2010.
LESIIT
JUDGE
26/01/2010