[1997] KECA 152 (KLR)
The judge determined that, although he personally believed he had no proprietary interest in the matters he handled and could exercise impartiality, the serious veiled accusation of bias from the applicant and the availability of other judges to hear the matter warranted his recusal. To maintain public confidence in...
Source-derived case information.
- Citation
- [1997] KECA 152 (KLR)
- Parties
- Applicant: Republic; Respondent: Peter Kaleli Mulwa
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Criminal Application 1 of 1997
- Procedural Posture
- Criminal Application / Application for Extension of Time to Serve Notice of Appeal
- Outcome
- Application adjourned for hearing before another judge.
- Legal Topics
- Judicial Recusal, Extension of Time, Notice of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Peter Kaleli Mulwa
Respondent
Procedural Posture
Criminal Application / Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the judge should recuse himself from hearing the application due to perceived bias.
- 2 Whether the current application is materially different from the earlier one handled by the same judge.
Ratio Decidendi
The judge determined that, although he personally believed he had no proprietary interest in the matters he handled and could exercise impartiality, the serious veiled accusation of bias from the applicant and the availability of other judges to hear the matter warranted his recusal. To maintain public confidence in the administration of justice and to avoid any appearance of impropriety, he adjourned the application to be relisted before another judge.
Court Disposition
Application adjourned for hearing before another judge.
Orders
- The application is adjourned to be relisted before any other Judge of the Court of Appeal on a date convenient to the court and the parties.
- Today's costs to abide the outcome of the application.
Full Case Text
Judgment text and source record
20 paragraphs
REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE AG. JA (IN CHAMBERS)
CRIMINAL APPLICATION NO.NAI 1 OF 1997
BETWEEN
REPUBLIC....................................................APPLICANT
AND
PETER KALELI MULWA............................RESPONDENT
(Application for extension of time to serve notice of appeal in an intended appeal from a conviction, judgment, of the High Court of Kenya at Nairobi (Mr Justice Oguk) dated 24th June 1996
in
H.C.CR.APPEAL NO.920 of 1995 ******************
RULING
The Learned Assistant D.P.P. applies that I disqualify myself from hearing this application, in his view because he does not think justice will be seen to have been done whichever way the decision goes. His reason is that I earlier handled another application under rule 4 of the Rules of Court from the State Law Office concerning the same matter and exercised my discretion against the state. In effect he thinks that I may be inclined to decide this one in similar manner. Mr Owino Opiyo does not think the application is merited this being a different application from the earlier one. I have considered this matter and to my mind I have no property in any of the matters I handle in exercise of my judicial powers. However, in view of the serious veiled accusation against me, and on the basis that there are several colleagues here who can hear the application I feel constrained to give way, adjourn the application to be relisted before any other Judge of this court on a date convenient to the court and the parties. Today's costs to abide the outcome of the application.
Dated and at Nairobi this 3rd day of November, 1997.
S.E.O. BOSIRE
..................................
AG. JUDGE OF APPEAL
I certify that this is a true copy of the original.
DEPUTY REGISTRAR