ag of kenya v nyongo and ors application 5 of 2007 2007 eacj 1 6 february 2007

ag of kenya v nyongo and ors application 5 of 2007 2007 eacj 1 6 february 2007

The application for recusal and to set aside the prior ruling was dismissed because the applicant failed to establish a reasonable apprehension of bias on the part of Justice Moijo Ole Keiwua. The facts relied on were public knowledge and known to the applicant, who failed to raise the objection at the earliest opportunity, thereby waiving the right to object. There was no duty on the judge to disclose facts already known to the parties, and no basis for recusal or for setting aside the prior ruling was established.

Citation
ag of kenya v nyongo and ors application 5 of 2007 2007 eacj 1 6 february 2007
Parties
Applicant: Attorney General of Kenya; Respondents: Prof. Peter Anyang Nyong’o and Others
Court
EACJ
Jurisdiction
Tanzania
Judgment Date
6 February 2007
Procedural Posture
Interlocutory Application in Reference Proceedings / Ruling on Application for Recusal and to Set Aside Prior Ruling
Outcome
Application dismissed with costs to the respondents.
Legal Topics
Judicial Impartiality, Recusal of Judges, Bias, Natural Justice, Review of Court Orders
Source Language
English
Administrative Law Constitutional Law Judicial Process Judicial Impartiality Recusal of Judges Bias Natural Justice Review of Court Orders

Case Brief

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Parties

Attorney General of Kenya

Applicant

Prof. Peter Anyang Nyong’o and Others

Respondents

Procedural Posture

Interlocutory Application in Reference Proceedings / Ruling on Application for Recusal and to Set Aside Prior Ruling

Legal Issues

  1. 1 Whether Justice Moijo Ole Keiwua was under a duty to disclose his prior suspension and investigation in Kenya
  2. 2 Whether Justice Moijo Ole Keiwua was under a duty to recuse himself for perceived bias
  3. 3 Whether the ruling of 27 November 2006 is null and void due to alleged bias or non-disclosure

Ratio Decidendi

The application for recusal and to set aside the prior ruling was dismissed because the applicant failed to establish a reasonable apprehension of bias on the part of Justice Moijo Ole Keiwua. The facts relied on were public knowledge and known to the applicant, who failed to raise the objection at the earliest opportunity, thereby waiving the right to object. There was no duty on the judge to disclose facts already known to the parties, and no basis for recusal or for setting aside the prior ruling was established.

Court Disposition

Application dismissed with costs to the respondents.

Orders

  • The application for recusal of Justice Moijo Ole Keiwua is dismissed.
  • The application for recusal of Justice Kasanga Mulwa is withdrawn and dismissed.