Mohamed Godana Jasro t/a Dal International Hotel v Maxwell Otieno Odongo [2021] KEELC 1676 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether a reasonable apprehension of bias was established against the trial Judge
The application failed; the plaintiff was not treated differently from other litigants and no bias was shown
The court applied the objective test for recusal from R v David Makali and the Porter v Magill fair-minded observer standard, reinforced by the Supreme Court in Jasbir Rai. The only grievance was the court's 8.30 a.m. starting time, which had been communicated to the local chapter and applied uniformly to all matters, advocates and parties. A practice applied to all court users cannot constitute bias against one party, and the applicant made no specific factual allegations of bias established on evidence.
Whether the dismissal of the suit for non-attendance at an 8.30 a.m. hearing disclosed bias
It did not; the 8.30 a.m. commencement applies to all court users in Kisumu
The court explained through the replying affidavit of Geoffrey O. Yogo that when the Judge was posted to Kisumu he communicated his starting time and mode of conducting hearings to the local chapter, and had done the same in Eldoret. Treating this matter differently from others would itself have shown bias. The dismissal for non-attendance followed the court's uniform practice and did not evidence a hostile disposition toward the plaintiff.
Legal principles established
#- The test for recusal is objective: whether the fair-minded and informed observer, having considered the facts, would conclude there is a real possibility of bias
- A uniform practice of the court applied equally to all parties, such as an early hearing starting time, is not an act of bias
Court orders
#- 1.The application seeking the Judge's recusal is dismissed
- 2.Costs of the application awarded to the defendant
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court (suit transferred from the High Court to the ELC at Kisumu); recusal application under the Judicial Service (Code of Conduct and Ethics) Regulations and the rule against bias (nemo judex in causa sua)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mohamed Godana Jasro t/a Dal International Hotel v Maxwell Otieno Odongo [2021] KEELC 1676 (KLR)", Case Analysis (2021). ELC No. 106 of 2017 (formerly High Court suit filed in 2007). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/1676/eng@2021-10-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.