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Small ClaimsOtherNot stated in the judgment· [2026] SCC 145 (KLR)

Cheruto v Paul t/a Mimshack Bales (Claim E107074 of 2025) [2026] SCC 145 (KLR)

Small Claims Court (Resident Magistrate/Adjudicator)
10 July 2026
GKGladys W. Kiamah
286 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Nairobi Small Claims Court adjudicator stepped aside from a case because her past dealings with the claimant's firm could make her look biased.

What this practically means

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Executive summary

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This is a recusal ruling delivered at Nairobi on 10 July 2026 by Resident Magistrate/Adjudicator Gladys W. Kiamah in a claim pending before her. Upon perusing the pleadings, the adjudicator observed that the claim had been filed by a firm with which she had previously had professional interactions, raising the question whether she could continue to preside. Applying the principle that justice must not only be done but be manifestly seen to be done, she held that judicial officers must maintain both actual impartiality and its appearance, and that recusal is appropriate where a fair-minded and informed observer could entertain a reasonable apprehension of bias. While satisfied of her own capacity to decide impartially, she found that the prior professional dealings could reasonably generate perceived concerns about impartiality. In the interests of transparency and the integrity of the adjudicative process, she recused herself from further conduct of the matter and directed that the file be placed before the Head of Station on 30 July 2026 for directions on reallocation. The judgment determines no substantive claim and makes no costs order; the underlying dispute remains to be reallocated and heard afresh by another adjudicator.

Key legal issues

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Whether the adjudicator should recuse herself due to prior professional interactions with the claimant firm

Holding

She recused herself, being satisfied she could act impartially but finding a reasonable perception of bias possible

Reasoning

The court applied the principle that justice must be seen to be done. Although the adjudicator was satisfied of her own impartiality, prior professional dealings with the claimant firm could give a fair-minded and informed observer a reasonable apprehension of bias. Transparency and integrity of proceedings required stepping aside notwithstanding the absence of actual bias.

p. 1

Legal principles established

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  • Recusal is warranted where circumstances may create a reasonable apprehension of bias, even absent actual bias, to preserve the appearance of impartiality

Court orders

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  1. 1.The adjudicator recused herself from further conduct of the matter
  2. 2.The file to be placed before the Head of Station on 30/7/2026 for directions on reallocation
Jurisdiction invoked
Original adjudicative jurisdiction of the adjudicator over the claim before the court

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, "Cheruto v Paul t/a Mimshack Bales (Claim E107074 of 2025) [2026] SCC 145 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/145/eng@2026-07-10

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