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: CivilCivil Appeal
…Mr Khaminwa explained to the Senior Deputy Registrar, Court of Appeal as follows:- “The appellant’s instruction to us do not in any way whatsoever cast any reflection or doubt on their Lordship’s impartiality or ability to…
Division and case type: CivilCivil Appeal
…be arbitrator on the matters in dispute set out in the plaint as the conduct of Acres was a major cause of the dispute with which it was identified, and having acted as a spokes man for the defendant it was not a fair or impartial…
…The plaintiff was genuinely doubtful about the impartiality of Acres.That was why the plaintiff offered cooperation and pleaded for an independent arbitrator to settle the dispute.…
Division and case type: CivilCivil Appeal
…He submitted that the amount of Ksh.300,0000/= claimed on item 1 is too high as there are no particulars of the property shown and that the issue of section 17 of the Married Women Act and impartiality are settled law, therefore…
Division and case type: CivilCivil Appeal
…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: Constitutional and Human RightsPetition
…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: CivilCivil Appeal
…Judicial impartiality demands like compensation for like injury. But the fact that the extent and severity of the injury may vary from person to person, is catered for by a range, a broad pattern.…