Judge disqualifies self from case challenging nomination of Kananu

Wednesday, February 10th, 2021 00:00 |
Nairobi deputy Governor Anne Kananu Photo/PD/David Ndolo

High Court Judge Anthony Mrima has recused himself from a case challenging the nomination of Anne Kananu Mwenda as the Deputy Governor of Nairobi. 

The judge who is facing a complaint filed by Bunge La Wananchi president Henry Shitanda recused himself from all matters pending before court challenging Kananu’s nomination as the Deputy Governor.

“I hereby recuse myself from this matter as well as all the matters on the Governorship of Nairobi County,” said the judge. 

He directed that the matter to be placed before the Presiding Judge of the constitution division for further orders and directions on February 10 given the urgency in the matter. 

 In his ruling Mrima who told parties desirous of lodging an appeal against his ruling were free to do said clarified that his decisions is based on various reasons brought about by several consolidated Petitions.  

“The firm of Messrs Kithi & Company Advocates appear in one or so of the Petitions.

As I have previously done, I have always recused myself in any matter where the firm of Messrs.

Kithi & Company Advocates appear unless for reasons otherwise stated. Given the nature and the history of the Petitions in this matter it can only be fair that I opt out of this matter,” he said.

Consolidated petitions

He further added that he rendered the ruling in the consolidated Petitions, due to various mixed reactions.

One of the reactions was that after the delivery of the ruling in the consolidated Petition there was the filing of a complaint at the Judicial Service Commission that the Court is biased whose decision is yet to be made.

He also said that there were instances where, depending on the nature of the matter and in order to enhance public confidence in the administration of justice, a Court may consider recusing itself from that particular matter. 

He however clarified that his position only applies in the unique circumstances of the matter in question. 

“It is not the Court’s general position on all the matters it handles. Of further importance is that it can only be prudent that this position applies to all the matters on the leadership of Nairobi County, which by now are well over 20 in number,” he said.

Law Society of Kenya moved to court seeking orders to suspend the decision the County Assembly made on January 15 approving the nomination of Kananu as the Deputy Governor of Nairobi.

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