Nderitu v Fincom Technologies Limited (Cause 2151 of 2017) [2023] KEELRC 709 (KLR) (20 March 2023) (Ruling)
- Court
- Employment & Labour Relations Court
- Case number
- 709
- Citation
- [2023] KEELRC 709 (KLR)
- Decided
- 20 March 2023
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeRecusal MotionPostureRecusal Motion GrantedCoramDr. Jacob Gakeri
Holding
The court granted the recusal motion, directing the Hon. Justice Dr. Jacob Gakeri to recuse himself and the matter to be referred to the Principal Judge for re-allocation.
Facts
The Claimant, Alex Peter Wambugu Nderitu, sought recusal of the Hon. Justice Dr. Jacob Gakeri due to alleged associations and interactions that may have caused prejudice or bias.
Issues
- Whether the Hon. Justice Dr. Jacob Gakeri should recuse himself from presiding over the matter due to potential bias or prejudice
Reasoning
The court found reasonable grounds for the recusal motion based on the applicant's associations and interactions with the Hon. Justice Dr. Jacob Gakeri, which may have caused prejudice or bias.
Outcome
The Hon. Justice Dr. Jacob Gakeri was recused from the case, and the matter was referred to the Principal Judge for re-allocation.
Orders
- The Hon. Justice Dr. Jacob Gakeri is recused from presiding over the matter.
- The matter is referred to the Principal Judge for re-allocation to a different judge.
Authorities cited
Cases cited (5)
- Webb v The Queen (Supra)
- R V S (RD) (1977) 3 SCR 484
- Kaplan & Stratton v Z Engineering Construction Ltd & 2 others (2000) eKLR
- Hon. (Lady) Justice Kalpana H. Rawal v Judicial Service Commission & 2 others (2016) eKLR
- Hon. (Lady) Justice Kalpana H. Rawal v Judicial Service Commission (Supra)
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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