Kenya Case Law

In re Estate of Jedidah Wanjiru Karau (Deceased0

In re Estate of Jedidah Wanjiru Karau (Deceased0 [2025] KEHC 10581 (KLR)

Court

High Court

Case number

Succession Cause 2692 of 2006

Judge

HK Chemitei

The court found that the applicant failed to demonstrate any actual or apparent bias on the part of the presiding judge or any prejudice that would result from determining the applications through written submissions. The directions given by the court were procedural and within judicial discretion, and the applicant had the opportunity to seek leave to file supplementary affidavits if necessary. The previous directions by another judge were persuasive but not binding. The applicant's dissatisfaction with the court's chosen procedure did not amount to evidence of bias or unfairness. Furthermor…

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• Judicial Recusal
• Stay Of Proceedings
• Succession Administration
• Judicial Bias
• Procedural Fairness

Lococo & 2 others v Director of Public Prosecutions & 10 others; Rafiki Resort Management Limited & another (Interested Parties)

Lococo & 2 others v Director of Public Prosecutions & 10 others; Rafiki Resort Management Limited & another (Interested Parties) [2025] KEHC 10247 (KLR)

Court

High Court

Case number

Petition E006 of 2024

Judge

M Thande

The court found that the application for recusal was based on false and unsubstantiated allegations, lacking any cogent or convincing evidence to rebut the presumption of judicial impartiality. The applicants failed to specify the nature of the alleged relationship, the time, date, or location of the purported meeting, or any credible basis for their claims. The court emphasized that personal attacks and baseless accusations against a judge and opposing counsel do not meet the objective test for recusal and, if entertained, would undermine the administration of justice and enable manipulation…

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• Judicial Bias
• Recusal Of Judge
• Professional Misconduct
• Perjury
• Abuse Of Process

Wilken Energy Limited v Civicon Limited & 2 others

Wilken Energy Limited v Civicon Limited & 2 others [2025] KEHC 10048 (KLR)

Court

High Court

Case number

Commercial Case E488 of 2023

Judge

PM Mulwa

The court found that the applicant failed to establish any factual or legal basis for recusal as required by the Judicial Service Code of Conduct and Ethics and established case law. The alleged grounds of bias were unsubstantiated and amounted only to dissatisfaction with the court's interlocutory directions, which does not meet the high threshold for judicial disqualification. The court emphasized that recusal must be grounded in specific, substantiated facts that would lead a reasonable person to apprehend bias, and that the operational realities of court processes do not, without more, de…

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• Judicial Recusal
• Judicial Bias
• Impartiality Of Judge

Kemboi v Republic

Kemboi v Republic [2025] KEHC 7255 (KLR)

Court

High Court

Case number

Criminal Revision E304 of 2023

Judge

RN Nyakundi

The High Court transferred a criminal case from Iten Law Courts to Eldoret after finding the applicant was unfairly denied an adjournment to secure counsel.

• Transfer Of Criminal Cases
• Right To Legal Representation
• Judicial Bias
• Adjournment Of Hearings
• Criminal-case-transfer
• Right-to-legal-representation

Gachagua & 5 others v Maingi & 80 others

Gachagua & 5 others v Maingi & 80 others [2025] KECA 790 (KLR)

Court

Court of Appeal

Case number

Civil Appeal E829 of 2024

Judges

DK Musinga, M Ngugi, F Tuiyott

The Court of Appeal held that the power to empanel a bench under Article 165(4) of the Constitution is an administrative function constitutionally reserved for the Chief Justice. The Deputy Chief Justice may only exercise this power in exceptional, demonstrable circumstances, such as removal, resignation, or death of the Chief Justice, or where incapacity is clearly communicated and justified. In the present case, there was no evidence or communication that the Chief Justice was unable to act, nor was the reason for the Deputy Chief Justice's intervention disclosed to the parties or the publi…

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• Judicial Empanelment
• Recusal Of Judges
• Fair Hearing Rights
• Administrative Functions Of Chief Justice
• Impeachment Proceedings
• Judicial Bias

In re Estate of Skinyili Lusike Mulia (Decesaed)

In re Estate of Skinyili Lusike Mulia (Decesaed) [2025] KEHC 4676 (KLR)

Court

High Court

Case number

Succession Cause 64 of 1998

Judge

REA Ougo

The High Court at Bungoma dismissed an application seeking the judge’s recusal in a succession cause, finding no legally recognized basis for bias.

• Judicial Recusal
• Judicial Bias
• Succession Proceedings
• Judicial-recusal
• Judicial-bias
• Succession-proceedings

David & 303 others v Governor, County Government of Kilifi & 2 others

David & 303 others v Governor, County Government of Kilifi & 2 others [2025] KEELRC 1066 (KLR)

Court

Employment and Labour Relations Court

Case number

Petition E003 of 2023

Judge

M Mbarũ

The court dismissed an application seeking recusal of the presiding judge, finding no credible evidence of bias or improper contact with the respondents.

• Judicial Recusal
• Judicial Bias
• Public Officers Ethics
• Contempt Of Court
• Salary Disputes
• Judicial-recusal

In re Estate of Rashid Maro Mwinyingwisa

In re Estate of Rashid Maro Mwinyingwisa [2025] KEHC 5082 (KLR)

Court

High Court

Case number

Succession Cause 357 of 2014

Judge

G Mutai

The court found that the applicant failed to provide any objective or credible evidence to support allegations of bias, forgery, or judicial misconduct. The closure of the file by the Registrar was an administrative act following the confirmation of the grant and did not invalidate prior proceedings or documents. The court held that none of the statutory or regulatory grounds for recusal were met, and the applicant's claims were unsupported and speculative. The court further found that its orders regarding the estate's land were within its jurisdiction and did not usurp the role of the Enviro…

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• Judicial Recusal
• Probate And Administration
• Allegations Of Forgery
• Court Jurisdiction
• Judicial Bias
• Case Closure

Mwenda (Suing by his Next Friend Jerusha Kanario Mwenda) v Mioro & another

Mwenda (Suing by his Next Friend Jerusha Kanario Mwenda) v Mioro & another [2025] KEELC 3282 (KLR)

Court

Environment and Land Court

Case number

Environment & Land Case E005 of 2023

Judge

JO Mboya

The court dismissed an application to strike out a Deputy Registrar’s scene visit report, finding no proved bias and no breach of fair hearing rights.

• Site Visit Reports
• Judicial Bias
• Fair Hearing
• Burden Of Proof
• Judicial-bias
• Fair-hearing

Kenya rights Board v Kenya Association of Music Producers & another; Music copyright Socieity of Kenya (MSCSK) (Interested Party)

Kenya rights Board v Kenya Association of Music Producers & another; Music copyright Socieity of Kenya (MSCSK) (Interested Party) [2025] KEHC 4779 (KLR)

Court

High Court

Case number

Civil Appeal E1035 of 2024

Judge

TW Cherere

The High Court declined a recusal request, holding that prior handling of related cases involving some parties did not by itself show bias or reasonable apprehension of bias.

• Judicial Recusal
• Judicial Bias
• Impartiality Of Court
• Judicial-recusal
• Judicial-bias
• Impartiality-of-court