Joyce N. Simitu v Stephen O. Mallowah & 2 Others [2013] KEELRC 605 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 605
- Citation
- [2013] KEELRC 605 (KLR)
- Decided
- 31 May 2013
Summary at a glance
TypeRecusal MotionPostureClaimant seeks recusal of Judge Monica Mbaru due to alleged bias in previous ruling.CoramM. Mbaru
The court rejects the application and directs that the main suit proceed on merit.
Facts
Claimant sought orders against respondents for unfair disciplinary action and discrimination, which were granted. Respondents failed to comply, leading to contempt proceedings. Claimant's application for contempt proceedings was dismissed by Judge Mbaru on 5th October 2012.
Issues
- Whether Judge Mbaru should be disqualified due to alleged bias
- Impartiality of the court in handling the case
Reasoning
The court finds no basis in law or fact for disqualification and upholds the impartiality of the court.
Outcome
Application dismissed
Orders
- Main suit to proceed on merit
Remedies
- Claimant to meet costs of motion for disqualification
- Parties to take new hearing dates
Authorities cited
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