Elizabeth Irako Shiakamiri v National Council for Persons With Disabilities [2015] KEELRC 172 (KLR)

Summary at a glance

Facts

The claimant, Elizabeth Irako Shiakamiri, moved to court to stop a disciplinary process initiated by the respondent, National Council for Persons with Disabilities, due to her refusal to proceed on transfer. The respondent accused the claimant's counsel and a judge of displaying partiality and open bias.

Issues

• Whether the respondent's accusations against the claimant's counsel and the judge constitute credible and reasonable grounds for recusal.
• Whether the respondent's accusations against the claimant's counsel and the judge constitute credible and reasonable grounds for recusal.

Reasoning

The respondent's accusations are baseless and spurious, and do not constitute credible and reasonable accusations against the claimant's counsel and the judge to warrant recusal.

Outcome

The respondent's accusations are not credible and reasonable grounds for recusal.

Orders

• The order of the Court made on 29th July, 2015 concerning the hearing and determination of the applications dated 26th June, 2015 and the one dated 21st July, 2015 will remain in force.
• The respondent is further directed to comply with the order of the Court made on 29th June, 2015 if not already in default. The claimant shall be at liberty to commence contempt proceedings against the respondent's responsible officers.

Remedies

• The respondent is directed to comply with the order of the Court made on 29th June, 2015 if not already in default.
• The claimant shall be at liberty to commence contempt proceedings against the respondent's responsible officers.