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ELCOtherELC Pet No. 8 of 2017· [2018] KEELC 3583 (KLR)

Michael Kungu Kigia v Agricultural Finance Corporation & 5 others [2018] KEELC 3583 (KLR)

Environment and Land Court
18 April 2018
LMLucy N. Mbugua
481 words in judgment
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The bottom line

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A Meru judge stepped aside from a land case after a litigant's letter accused the court of being misled, showing how far courts go to look impartial.

What this practically means

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Executive summary

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This is a recusal ruling in an Environment and Land Court petition at Meru arising from ELC Pet No. 8 of 2017, in which Michael Kungu Kigia sued the Agricultural Finance Corporation and five other respondents. Two applications by the plaintiff were pending ruling, with a date fixed for 18.4.2018. While preparing the ruling, the judge came across a letter authored by the plaintiff and addressed to the Deputy Registrar, in which the plaintiff stated that he had issued no instructions to any law firm, complained that the firms of Rachid Ngaira and Co-Advocates and Gikunda and Co-Advocates had purported to act or hold brief without instructions, and demanded that the court not entertain any document, claiming he had filed interlocutory judgment. The court invoked the Bangalore Principles of Judicial Conduct, emphasising that public confidence in the judiciary and its moral authority is of utmost importance, and that justice must not merely be done but be seen to be done. The judge reasoned that the letter could be construed as showing the plaintiff had no faith in the court, and that to a reasonable observer the judge might appear unable to decide the matter impartially since the plaintiff had claimed she was being misled by advocates. In order to re-affirm the people's faith in the integrity of the judicial office and preserve the dignity of the Judiciary, the judge disqualified herself from the proceedings and from any proceedings in which the petitioner is a party. The ruling was delivered in open court at Meru on 18 April 2018, with the plaintiff present and the respondents absent. The underlying applications were not determined and no costs order was made.

Key legal issues

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01

Judicial disqualification/recusal

Holding

The judge disqualified herself because the plaintiff's letter alleged she was being misled by advocates, creating an appearance of partiality.

Reasoning

The court invoked the Bangalore Principles of Judicial Conduct, noting that public confidence in the judiciary is paramount. The plaintiff's letter asserting the judge had been misled could be construed as an allegation of partiality or lack of confidence in the court. To preserve the dignity and integrity of the judicial office, the judge withdrew not only from the suit but from all proceedings involving the petitioner.

p. 2

Legal principles established

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  • Justice must not only be done but be seen to be done, and a judge should withdraw where a reasonable observer might perceive a lack of impartiality.

Court orders

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  1. 1.The judge disqualified herself from participating in these proceedings and in any proceedings where the petitioner is a party
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court under Article 162(2)(b) of the Constitution (inferred from the court's establishment; the judgment does not expressly invoke a provision)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Michael Kungu Kigia v Agricultural Finance Corporation & 5 others [2018] KEELC 3583 (KLR)", Case Analysis (2018). ELC Pet No. 8 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3583/eng@2018-04-18

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.