Automated Summary
Key Facts
The petitioners, Patrick Chege Kinuthia and others, sought an order for the judge to recuse herself from hearing their case against the Attorney General, alleging open bias in favor of the state. The judge denied the recusal application, stating there was no legal basis for disqualification and noting that the petitioners' claims of bias were based on dissatisfaction with previous rulings rather than impartiality. The judge highlighted that the order for viva voce evidence in a prior case (Petition No. 220 of 2010) was issued by a different judge, and the petitioner's mental state was never raised before her. The matter was referred to the Presiding Judge of the Division to appoint another judge, given the petitioners' perceived antipathy toward the court and the case's connection to the Nyayo House torture chambers.
Issues
- The petitioners argued that the judge's insistence on the Attorney General's participation in the case amounted to bias, as the AG is not an ordinary party and must represent public interest.
- The petitioners applied for the judge to recuse herself due to alleged bias from previous rulings, claiming she litigated in favor of the state and showed partiality, thereby affecting the fairness of the case.
- The petitioners claimed the judge ordered viva voce evidence in a prior case against a mentally ill petitioner, leading to a mental breakdown and adjournment, despite no prior indication of such issues.
Holdings
The court denied the petitioners' application for recusal, finding no legal basis for the judge to disqualify themselves. However, the judge referred the matter to the Presiding Judge to appoint another judge to hear the case, citing the petitioners' unfounded allegations of bias and the potential for their negative perception to affect judicial impartiality.
Remedies
In the circumstances, I am referring this matter, and all the other matters arising out of the Nyayo House torture chambers in which Mr. Kinuthia's firm is on record, to the Presiding Judge of this Division to appoint another judge to hear and determine.
Legal Principles
The duty of judges to apply the law impartially without fear or favor, as outlined in the case of Locabail (U.K.) Ltd. v. Bayfield Properties Ltd. and Another.
Precedent Name
- R-v- Jackson Mwalulu
- Locabail (U.K.) Ltd. v. Bayfield Properties Ltd. and Another
Cited Statute
- Constitution Of Kenya
- Gicheru Rules
Judge Name
Mumbi Ngugi
Passage Text
- To allege on oath that I ruled that the petitioner give viva voce evidence against her will, thereby occasioning her mental breakdown, when the record is so clear with regard to the directions for viva voce evidence, is to be patently dishonest on the part of Mr. Kinuthia.
- In the circumstances, I am referring this matter, and all the other matters arising out of the Nyayo House torture chambers in which Mr. Kinuthia's firm is on record, to the Presiding Judge of this Division to appoint another judge to hear and determine.
- I will not defend my insistence that the Attorney General participates in matters that have a bearing on the public... It does not in any manner or form constitute bias.