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Small ClaimsOtherSCCOME107090 OF 2025

Njeri v Kendi (Claim E107090 of 2025) [2026] SCC 219 (KLR)

Small Claims Court
14 August 2026
GKGLADYS W. KIAMAH
298 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 because past dealings with a claimant's law firm could make her look biased, even though she wasn't.

What this practically means

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Executive summary

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This Small Claims Court matter (SCCOME107090 of 2025) came up for judgment at Nairobi. Before determining the claim, the adjudicator, Hon. Gladys W. Kiamah, Resident Magistrate/Adjudicator, raised an issue of recusal on her own motion: perusal of the pleadings revealed that she had previously had personal and professional interactions with the claimant's law firm. Framing the question as whether she should continue to preside or recuse herself to safeguard the integrity of the proceedings, she applied the principle that justice must not only be done but must manifestly and undoubtedly be seen to be done, and that recusal is appropriate where a reasonable apprehension of bias may arise in the mind of a fair-minded and informed observer. Although satisfied of her own actual impartiality, she held that the prior interactions could reasonably give rise to perceived concerns about impartiality, and that the court must avoid any situation undermining confidence in the fairness and independence of the proceedings regardless of the absence of actual bias. 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 27/8/2026 for directions on reallocation. The claim itself was not determined; no costs order was made.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether, in light of the adjudicator's previous personal and professional interactions with the claimant's law firm, the adjudicator should recuse himself/herself from further conduct of the matter

Key legal issues

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01

Whether prior personal and professional interactions with a party's law firm warrant recusal

Holding

Yes - although the adjudicator was satisfied of actual impartiality, the prior interactions could reasonably give rise to perceived concerns of impartiality, so recusal was prudent to safeguard the integrity of the proceedings.

Reasoning

The court applied the objective test of a reasonable apprehension of bias in the mind of a fair-minded and informed observer. It distinguished actual impartiality from the appearance of impartiality, holding that the latter is equally essential to public confidence. Even in the absence of actual bias, the prior dealings with the claimant's law firm justified recusal in the interests of transparency and the integrity of the adjudicative process.

p. 2

Legal principles established

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  • Justice must not only be done but must manifestly and undoubtedly be seen to be done; recusal is appropriate where a reasonable apprehension of bias may arise in the mind of a fair-minded and informed observer, even absent actual bias.

Court orders

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  1. 1.The Adjudicator recused himself/herself from further conduct of the matter
  2. 2.The file to be placed before the Head of Station on 27/8/2026 for directions on reallocation

The bench

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One judgment of the whole court — no separate or dissenting opinions.

GK
majority

Wrote the judgment

Jurisdiction invoked
Original jurisdiction of the Small Claims Court (Adjudicator sitting as Resident Magistrate)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Recusal is therefore appropriate where circumstances exist that may give rise to a reasonable apprehension of bias in the mind of a fair-minded and informed observer.
p. 1Test for recusal - reasonable apprehension of bias
In the interests of transparency and to uphold the integrity of the adjudicative process, it is prudent that I do not continue to handle the matter.
p. 2Reasons for recusal despite absence of actual bias
The file shall be placed before the Head of Station on 27/8/2026 for directions on reallocation. It is so ordered.
p. 2Final orders - recusal and reallocation

Issues in the judgment

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minor

Discrepancy in dates: the file is directed to be placed before the Head of Station on 27/8/2026, which is after the delivery date of 14th August 2026, and the case number bears the year 2025 - the sequence of dates may be internally inconsistent.

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, "Njeri v Kendi (Claim E107090 of 2025) [2026] SCC 219 (KLR)", Case Analysis (2026). SCCOME107090 OF 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/scc/2026/219/eng@2026-08-14

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