Dari Limited & 5 others v East African Development Bank & 2 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi, Milimani Commercial and Admiralty Division
Category
Civil
Judge(s)
Hon. Lady Justice Mary Kasango
Judgment Date
October 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the 2020 eKLR case summary of Dari Limited & 5 others v East African Development Bank & 2 others, highlighting key legal insights and implications for future judgments.

Case Brief: Dari Limited & 5 others v East African Development Bank & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Dari Limited & Others v. East African Development Bank & Others
- Case Number: Civil Suit No. E 469 of 2019
- Court: High Court of Kenya at Nairobi, Commercial and Admiralty Division
- Date Delivered: October 21, 2020
- Category of Law: Civil
- Judge(s): Hon. Lady Justice Mary Kasango
- Country: Kenya

2. Questions Presented:
The court must resolve whether Hon. Lady Justice Mary Kasango should recuse herself from presiding over the case based on allegations of bias and whether the matter should be reassigned to another judge.

3. Facts of the Case:
The applicants, consisting of Dari Limited and several individuals, filed an application on September 16, 2020, requesting the recusal of Hon. Lady Justice Mary Kasango from the case against the East African Development Bank and others. The basis for the application was the claim of biased handling of the case, particularly concerning a previous motion filed by the plaintiffs. The plaintiffs argued that this bias infringed upon their constitutional rights to a fair trial and access to justice. The application was supported by an affidavit from Raphael Tuju, the second plaintiff, which reiterated the grounds for recusal. The defendants opposed the application, asserting that it was a tactic to delay proceedings and intimidate the court.

4. Procedural History:
The case progressed through the court system starting with the application for recusal. The plaintiffs filed a petition with the Judicial Service Commission (JSC) for the removal of Justice Kasango, citing alleged misconduct. The defendants countered that the plaintiffs were attempting to obstruct justice. The court heard arguments from both sides before making a ruling.

5. Analysis:
Rules:
The court considered Article 25 and Article 50 of the Constitution of Kenya, which guarantee the right to a fair hearing and access to justice. Additionally, Article 168 outlines the process for the removal of judges, while the Judicial Code of Conduct and Ethics was referenced regarding judicial impartiality.

Case Law:
The court referenced the case of Gladys Boss Shollei v Judicial Service Commission & another (2018) eKLR, which emphasized the importance of judicial impartiality and the duty of judges to sit on cases unless there is substantial evidence of bias. The court also cited Wewaykum Indian Band v Canada (2003) SCC 45, underlining the expectation that judges handle cases without bias or prejudice.

Application:
Justice Kasango reasoned that the allegations of bias were unfounded and unsupported by substantial evidence. She asserted that her handling of the case was consistent with her oath of office, which obligates judges to act impartially. The court concluded that the petition for her recusal was an attempt to intimidate and manipulate the judicial process. Consequently, the application for recusal was dismissed, and the matter was directed to be mentioned before a new judge following her transfer.

6. Conclusion:
The court ruled against the plaintiffs' application for recusal, highlighting the lack of merit in their claims of bias. The decision reinforced the principle that judges must fulfill their duties impartially, and the court emphasized the importance of maintaining judicial integrity and the right to have cases heard without undue delay.

7. Dissent:
There were no dissenting opinions noted in the ruling. The decision was unanimous in its dismissal of the plaintiffs' application.

8. Summary:
The High Court of Kenya dismissed the application for recusal of Hon. Lady Justice Mary Kasango in the case of Dari Limited & Others v. East African Development Bank & Others, finding no evidence of bias. This ruling underscores the judiciary's commitment to impartiality and the importance of upholding the integrity of the judicial process in Kenya. The case serves as a significant reference point regarding judicial conduct and the handling of allegations against judges.

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