Judgment[2000] KECA 393
Case law
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Division and case type: CivilMiscellaneous Application
…The question is whether a reasonable, objective and informed person would on the correct facts reasonably apprehend that the judge has not or will not bring an impartial mind to bear on the adjudication of the case, that…
…At the same time, it must never be forgotten that an impartial judge is a fundamental prerequisite for a fair trial and a judicial officer should not hesitate to recuse herself or himself if there are reasonable grounds on…
Division and case type: CivilMiscellaneous Application
…2) In all judicial or administrative proceedings affecting a child who is capable of communication his/her own views, an opportunity shall be provided for the views of the child to be heard either directly or through an impartial…
…The evidence before me has persuaded me of the impartiality of the respondents who only desire that the applicant pays the fees directly to the schools/institutions which the children attend. Mr.…
Division and case type: Constitutional and Human RightsElection Petition
…(xvi) THAT the requested materials and or information are themselves key in determining whether the election of the 3rd Respondent was conducted by an Independent body, was transparent, administered in an impartial, neutral…
…38, 81 and 86 of the Constitution of Kenya, 2010. b) Failure by the 1 st Respondent to allow the petitioner to appoint an agent as per Section 30 of the Elections Act, No. 24 of 2011 breached the Petitioner's right to an impartial…
Division and case type: Milimani Commercial CourtsElection Petition
…Southern African case quoted above the court held at para 104 that, “While litigants have the right to apply for the recusal of judicial officers where there is a reasonable apprehension that they will not decide a case impartially…
…Judicial impartiality, itself a fundamental principle, is the bedrock of every civilized and democratic judicial system.…
Division and case type: Constitutional and Human RightsElection Petition
…(xvi) THAT the requested materials and or information are themselves key in determining whether the election of the 3rd Respondent was conducted by an Independent body, was transparent, administered in an impartial, neutral…
…38, 81 and 86 of the Constitution of Kenya, 2010. b) Failure by the 1 st Respondent to allow the petitioner to appoint an agent as per Section 30 of the Elections Act, No. 24 of 2011 breached the Petitioner's right to an impartial…