Mike Sonko Mbuvi v Clerk, Nairobi City County Assembly & 4 others; Michael Ogada Okumu (Intended 6th Respondent) [2020] KEELRC 76 (KLR)
- Court
- Employment & Labour Relations Court
- Case number
- 76
- Citation
- [2020] KEELRC 76 (KLR)
- Decided
- 9 December 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Disqualification of JudgePosturePetitioner sought recusal of Judge Gikonyo due to allegations of bias.CoramNzioki wa Makau
Holding
The Judge declined to recuse himself as there was no basis for bias and the case was not property-related.
Facts
The Petitioner, Mike Sonko Mbuvi, sought recusal of Judge Gikonyo due to allegations of receiving 7 million shillings from him. The motion was part of a notice of motion for service of the Intended 6th Respondent.
Issues
- Whether there is a reasonable ground for assuming the possibility of bias.
- Whether the Judge's impartiality is likely to produce a reasonable doubt about the fairness of the administration of justice.
Reasoning
The Judge applied the test of whether there is a real likelihood of bias and found no such likelihood. The Judge's impartiality was maintained and the case was referred to another Judge.
Outcome
The Judge declined to recuse himself and referred the case to another Judge.
Orders
- The Judge declined to recuse himself.
- The Judge referred the case to another Judge.
Authorities cited
Cases cited (1)
- Mumias Sugar Co. Ltd v Director Of Public Prosecutions & 2 Others [2012] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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