SALIM MOHAMMED MAKASHA v JAMES NJOROGE MBATIA T/A JOYLAND AUCTIONEERS & another [2008] KEHC 2045 (KLR)
- Court
- High Court of Kenya
- Case number
- 2045
- Citation
- [2008] KEHC 2045 (KLR)
- Decided
- 2 July 2008
The judge disqualifies himself from delivering the ruling and hearing any other matter in the file, and directs the judge who will hear the matter to give directions regarding the fate of the proceedings.
Facts
The appellant, Salim Mohammed Makasha, filed a civil case against James Njoroge Mbati, trading as Joyland Auctioneers, and Savings & Loan (K) Limited. The case was pending when the judge was approached by an old friend who requested him to assist a party involved in the case.
Issues
- allegations of corruption, prejudice, or bias in the Judiciary
- judge's impartiality and independence
Reasoning
The judge was approached by an old friend who requested him to assist a party involved in the case. The judge realized that one of the parties was a member of a funeral committee involving a former classmate who had passed away, and this raised concerns about his impartiality.
Outcome
The judge disqualifies himself from the case.
Orders
- The judge who will hear the matter will give directions regarding the fate of the proceedings before the judge who disqualifies himself.
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