Republic v Capital Markets Authority

Republic v Capital Markets Authority; Trade Sense Limited & another (Ex parte Applicants) (Judicial Review E141 of 2025) [2026] KEHC 2043 (KLR) (Judicial Review) (20 February 2026) (Ruling) Neutral citation: [2026] KEHC 2043 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW E141 OF 2025 JM CHIGITI, J FEBRUARY 20, 2026 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND CAPITAL MARKETS AUTHORITY ................................................ RESPONDENT AND TRADE SENSE LIMITED ................................................... EX PARTE APPLICANT MICHAEL GITONGA ......................................................... EX PARTE APPLICANT RULING 1. On 19th February 2025, representatives from the Respondent approached the court in the morning and informed the court that they wanted to introduce to the court what the Respondent does. 2. The Judge informed the representatives of the Respondent that it was not professional to do so, given that there was a case pending before him. The Applicant's counsel was not aware of the foregoing. 3. In the circumstances, and in order to uphold transparency and to be seen to be independent, when the matter came up for the cross examination of the Respondent’s representative on 20th February, 2026 and for the ruling of two Applications dated 4th November 2025 and 10th November, 2025 that are pending, the court informed counsel of the foregoing in open Court. 4. Counsel for the litigants were of the same view and were in agreement that the right thing for the court to do in the circumstances is for the Judge to recuse himself which I hereby do. https://new.kenyalaw.org/akn/ke/judgment/kehc/2026/2043/eng@2026-02-20 1

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