Mugumoini Farmers Co Limited v Inshwil Builders & Engineers Ltd ; Ephraim Waithaka Ruitha & another (Interested Parties) [2021] KEELC 2309 (KLR)
The bottom line
#A Kenyan court refused to disqualify a judge for bias, ruling that losing past rulings is not evidence of unfairness.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant demonstrated actual or apprehended bias warranting the judge's recusal
The application was dismissed; the Applicant merely recited a chronology of adverse rulings and did not table evidence of bias
The court applied the settled test of a reasonable, fair minded and informed observer and the high threshold for proving bias. The Applicant's grounds rested on the court's failure to give effect to the consent order of 17/12/2009 and on prior rulings in its disfavour. Adverse rulings cannot establish bias; the Applicant had already filed an appeal against the ruling, and the consent order had been before the court and considered. No evidence pointing to possible bias was tabled.
Legal principles established
#- Every judge has a duty to sit; recusal should not be used to cripple a judge from hearing a matter
- The test for recusal is the objective reasonable apprehension of bias test, assessed from the perspective of a fair minded and informed observer
- The threshold for finding bias is high, the facts must be specifically alleged and established, and the onus lies on the party alleging bias
Court orders
#- 1.The application for recusal dated 10/5/2021 is dismissed
- 2.No orders as to costs
- Jurisdiction invoked
- Original jurisdiction of the Environment and Land Court over the suit; recusal application under the Judicial Service (Code of Conduct and Ethics) Regulations 2020, Regulation 21
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mugumoini Farmers Co Limited v Inshwil Builders & Engineers Ltd ; Ephraim Waithaka Ruitha & another (Interested Parties) [2021] KEELC 2309 (KLR)", Case Analysis (2021). ELC Case of 2018 (Murang'a) - Ruling on recusal application dated 10/5/2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2309/eng@2021-07-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.