Philip Kipsang Kemboi v Speaker, County Government of Kericho & 3 others [2019] KEELRC 2303 (KLR)
The bottom line
#Kenya's Employment and Labour Relations Court dismissed a judge-recusal bid, ruling that unproven bias allegations don't disqualify a judge and cost the loser money.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established grounds for recusal/disqualification of the presiding Judge
No. The application did not meet the ingredients for disqualification; the allegations of bias remained unsubstantiated mere allegations.
The court applied the settled law and practice on recusal, including the objective test of reasonable apprehension of bias from the Anyang Nyong'o authority. Valid grounds for recusal are actual bias or extra-judicial reasons such as the judge being a party, related to a party, a material witness, having a financial interest, or having acted as counsel. The applicant demonstrated none of these; the application was also ambiguous as to whether recusal was sought for the petition or the joinder application, was riddled with misrepresentation and half-truths, and was designed to delay and disrupt proceedings.
Whether the application was an abuse of the court process
Yes. It was brought in bad faith, was frivolous and vexatious, and was an attempt to scuttle and delay the suit.
The court found the application suspicious from the outset because it was unclear whether recusal was sought from the petition or the joinder application. It contained misrepresentations, including the claim that the Judge had already granted leave for the joinder when no such determination had been made. The court characterized it as a disruption of proceedings and an unnecessary endeavour to muddle the issues, and held it must be combated and dismissed with costs.
Legal principles established
#- The threshold for disqualification based on perceived bias is the objective test of reasonable apprehension of bias in the mind of a reasonable, fair-minded and informed member of the public; mere allegations of bias do not suffice
- A judge has a duty to sit and should not accede too readily to suggestions of apparent bias
Court orders
#- 1.The Notice of Motion dated 22nd June 2018 is dismissed
- 2.Costs of the application awarded to the respondents and the Intended Interested Party
- Jurisdiction invoked
- Inherent jurisdiction of the court to determine an application for recusal/disqualification of a judicial officer in Petition No. 2 of 2018
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Philip Kipsang Kemboi v Speaker, County Government of Kericho & 3 others [2019] KEELRC 2303 (KLR)", Case Analysis (2019). Petition No. 2 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2019/2303/eng@2019-02-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.