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
…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 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: 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: 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.…