[2012] KEHC 5119 (KLR)
The judge determined that, given Mr. Sharad Rao's public role as Chairperson of the Judges and Magistrates Vetting Board—which would be vetting the judge's suitability to continue serving in the judiciary—there existed a real likelihood of conflict of interest or at least the appearance of bias. To uphold the...
Source-derived case information.
- Citation
- [2012] KEHC 5119 (KLR)
- Parties
- Applicant: Republic; Respondent: Municipal Council of Mavoko; Applicant: Rosslyn Two Rivers Limited; Applicant: Mohan Meakin (K) Limited
- Court
- High Court
- Court Station
- High Court at Machakos
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Civil Application 222 of 2008
- Procedural Posture
- Miscellaneous Application / Ruling on Judicial Recusal Due to Potential Conflict of Interest
- Outcome
- Judge recused himself from the matter due to potential conflict of interest.
- Legal Topics
- Judicial Recusal, Conflict of Interest, Administration of Justice
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Municipal Council of Mavoko
Respondent
Rosslyn Two Rivers Limited
Applicant
Mohan Meakin (K) Limited
Applicant
Procedural Posture
Miscellaneous Application / Ruling on Judicial Recusal Due to Potential Conflict of Interest
Legal Issues
- 1 Whether the presiding judge should recuse himself due to a potential conflict of interest arising from the involvement of Mr. Sharad Rao, Chairperson of the Judges and Magistrates Vetting Board, as advocate for one of the parties.
Ratio Decidendi
The judge determined that, given Mr. Sharad Rao's public role as Chairperson of the Judges and Magistrates Vetting Board—which would be vetting the judge's suitability to continue serving in the judiciary—there existed a real likelihood of conflict of interest or at least the appearance of bias. To uphold the principles of fairness and judicial impartiality, the judge found it necessary to disqualify himself from further presiding over the matter. The case was thus referred to another judge not subject to the vetting process, subject to the parties' agreement.
Court Disposition
Judge recused himself from the matter due to potential conflict of interest.
Orders
- The judge disqualifies himself from presiding over the case any further.
- The matter to be handled by Professor Joel Ngugi J., subject to parties' agreement.
Full Case Text
Judgment text and source record
24 paragraphs
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA
AT MACHAKOS
MISCELLANEOUS CIVIL APPLICATION NO.222 OF 2008
REPUBLIC....................................................................................... APPLICANT
VERSUS
MUNICIPAL COUNCIL OF MAVOKO .............................. 2ND RESPONDENT
EX-PARTE.................................................ROSSLYN TWO RIVERS LIMITED
CONSOLIDATED
MACHAKOS HIGH COURT CIVIL CASE NO.368 OF 2009
PREVIOUSLY NAIROBI HIGH COURT MISCELLANEOUS
CIVIL CASE NUMBER 161 OF 2008
REPUBLIC......................................................................................... APPLICANT
VERSUS
MUNICIPAL COUNCIL OF MAVOKO ............................... 2ND RESPONDENT
EX-PARTE........................................................ MOHAN MEAKIN (K) LIMITED
RULING
These two applications on the file and which were consolidated, were heard by Kihara Kariuki J. (as he then was), up to the point when he made an order directing parties to file their respective written submissions. Those submissions were subsequently filed and exchanged. However before he could craft and deliver the ruling it was indicated to him on 30th June, 2011 that parties were negotiating the matter with a view to recording a settlement. Accordingly, parties requested that the application be stood over generally. It would appear that the anticipated settlement never came to pass. On 11th January, 2012, the matter was fixed for mention on 20th January, 2012. By then Kihara Kariuki J. had already left the station on transfer and subsequently promoted to the Court of Appeal. The matter therefore, fell on me to decide on the way forward.
On 20th January, 2012 the matter was mentioned before me whereat, parties agreed that since they had filed and exchanged their respective written submissions, I should act on the same, craft and deliver the ruling. I agreed and endorsed the position.
However, when I sat down and read through the pleadings in preparation of crafting the ruling, it transpired that the application dated 8th May, 2008 was filed by Mr. Sharad Rao Esq. on behalf of Rosslyn Two Rivers Ltd. It is in the public domain that Mr. Sharad Rao is the Chairperson of the Judges and Magistrates Vetting Board. This board will be vetting judges and magistrates who were serving in office as at 27th August, 2010 as to their suitability to continue serving in the Judiciary. I am one of those judges who will be subjected to that process.
In the premises I do not think that it will be fair and just on my part to preside over this matter any further. It is more likely that there may be a conflict of interest. It is for this reason that I disqualify myself from presiding over this case any further. Since Professor Joel Ngugi J. is the only Judge in this station who will not be subjected to vetting, I propose that this matter be handled by him henceforth, subject of course to agreement by the parties.
Ruling dated and signed at Machakos this 31st day of January, 2012.
ASIKE-MAKHANDIA
JUDGE