Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited (Environment and Land Miscellaneous Application E015 of 2024) [2025] KEELC 4403 (KLR)
The bottom line
#A Kenyan court ruled that filing a complaint against a judge is not enough to force them off a case — clear proof of bias is required.
What this practically means
#Executive summary
#Key legal issues
#Grounds and test for recusal of a judge
The applicant must establish actual bias or a real possibility of bias on objective facts; an allegation that a complaint was lodged with the JSC does not meet the test
The court set out Rule 5 and Regulation 21 of the Judicial Service Code of Conduct & Ethics Regulations 2020 and the objective fair-minded observer test from Republic v Jackson Mwalulu and P.K. Tunoi. It found that previous unfavourable rulings are not grounds for recusal, that the deponent lacked demonstrated authority to swear affidavits for the company, and that no facts showing actual or apprehended bias were specifically alleged and established.
Duty of a judge to sit
Recusal should not be used to cripple a judge from hearing a matter; the discretion to recuse is judicial and must weigh the duty to sit
Relying on Gladys Boss Shollei v JSC and Re JRL v CJL, the court held that a judge who has taken the oath of office is capable of rising above prejudice and should not accede too readily to suggestions of appearance of bias, lest litigants choose their judges by criticising all judges they do not want. Courts should not succumb to threats of complaints to the employer.
Legal principles established
#- The test for recusal is objective: whether a fair-minded and informed observer would conclude there is a real possibility of bias
- A judge has a duty to sit and should not recuse himself too readily; mere criticism or unfavourable orders against a party are not grounds for recusal
Court orders
#- 1.Dismissal of the application for recusal
- 2.The judge to proceed to determine the pending application for review of the ruling delivered on 5/2/2025
- Jurisdiction invoked
- Inherent jurisdiction to determine recusal under Rule 5 of the Judicial Service Code of Conduct & Ethics Regulations 2020; review application under Section 80 of the Civil Procedure Act read with Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rono (Suing as the Executrix of the Estate of the Late David Rono) v Almer Farm Limited (Environment and Land Miscellaneous Application E015 of 2024) [2025] KEELC 4403 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4403/eng@2025-06-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.