[2013] KEHC 3523 (KLR)
The judge determined that, although previous complaints regarding his handling of related cases involving the parties were found to be without merit by the Judges' and Magistrates' Vetting Board, the interests of justice and the need for public confidence in the judiciary require that he recuse himself from further...
Source-derived case information.
- Citation
- [2013] KEHC 3523 (KLR)
- Parties
- Plaintiff: Salama Beach Hotel Limited; Defendant: Mairo Rossi
- Court
- High Court
- Court Station
- High Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Suit 84 of 2010
- Procedural Posture
- Civil Suit / Recusal Directions
- Outcome
- Judge recused himself; matter referred to another judge for further directions.
- Judges
- CW Meoli
- Legal Topics
- Judicial Recusal, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Salama Beach Hotel Limited
Plaintiff
Mairo Rossi
Defendant
Procedural Posture
Civil Suit / Recusal Directions
Legal Issues
- 1 Whether the presiding judge should recuse himself from hearing the case due to perceived bias or conflict of interest.
Ratio Decidendi
The judge determined that, although previous complaints regarding his handling of related cases involving the parties were found to be without merit by the Judges' and Magistrates' Vetting Board, the interests of justice and the need for public confidence in the judiciary require that he recuse himself from further handling the present case. This decision is made to ensure that justice is not only done but is seen to be done, particularly in light of the ongoing disputes and perceptions among the parties.
Court Disposition
Judge recused himself; matter referred to another judge for further directions.
Orders
- The case is referred to Hon. Justice Angote for mention on 30th May, 2013 for appropriate directions.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
High Court at Malindi
Civil Suit 84 of 2010
[if gte mso 9]><xml>
Normal 0
false false false
EN-US X-NONE X-NONE
</xml><![endif]
SALAMA BEACH HOTEL LIMITED …...........PLAINTIFF
VERSUS
MAIRO ROSSI …...................................DEFENDANT
DIRECTIONS
This is another case in the series of suits involving Salama Beach Hotel. During the recent vetting exercise conducted by the Judges' and Magistrates' Vetting Board, I had occasion to defend myself against accusations concerning my handling of another case involving the wrangling directors of Salama beach Hotel. The complainant emanated from an unregistered group calling itself Kenyans Against Impunity (KAI) but it was evident to me that this was a proxy of one or some of the parties involved in the Salama Beach Hotel dispute. Although the Judges' and Magistrate's Vetting Board found no merit on the accusations made by KAI, I am of the view that for justice to be seen to be done, it is prudent for me to recuse myself from further handing the present case. The same is now referred to my brother Hon. Justice Angote for mention on 30th May, 2013 so that appropriate directions can be given.
Delivered and signed at Malindi this 10thday of May, 2013 in the presence of:
Court clerk - Evans
C. W. Meoli
JUDGE
[if gte mso 9]><![endif][if gte mso 10]> <style> /* Style Definitions */ table.MsoNormalTable {mso-style-name:"Table Normal"; mso-style-parent:""; text-autospace:ideograph-other; font-size:12. 0pt;"Liberation Serif","serif";} </style> <![endif]