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Administrative Law [2024] EACJ 4

Chepkwony v Attorney General of the Republic of Kenya (Application No.19 of 2023)

Chepkwony v Attorney General of the Republic of Kenya (Application No.19 of 2023) [2024] EACJ 4 (27 March 2024) (First Instance Division)

Court
East African Court of Justice
Case number
Application No.19 of 2023
Judge
Masara PJ, Muhumuza J, Nyachae J, Nyawello DPJ, Wejuli J

The Court held that the Applicant failed to establish any reasonable basis for the recusal of Justice Charles Nyachae. The allegations of bias and conflict of interest were unsupported by evidence and amounted to mere speculation. The timing of the application, coming after the Reference had been heard and concluded, suggested an abuse of court process rather than a genuine concern for impartiality. The Court reaffirmed that recusal requires a demonstrable and reasonable apprehension of bias, assessed from the perspective of a fair-minded and informed observer. The Applicant did not provide f…

Source excerpt

  • Judicial Recusal
  • Judicial Bias
  • Impartiality Of Judges
  • Abuse Of Court Process
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Civil Procedure [2022] UGHCCD 71

Mabirizi Kiwanuka v Attorney General

Mabirizi Kiwanuka v Attorney General (Miscellaneous Application No. 89 of 2022) [2022] UGHCCD 71 (1 April 2022)

Court
HC: Civil Division (Uganda)
Case number
Miscellaneous Application No. 89 of 2022
Judge
Boniface Wamala, J

The applicant failed to establish any factual basis for actual, imputed, or apparent bias as required under Rule 7 of the Recusal Practice Directions. The mere fact that previous rulings have been adverse to the applicant does not, in itself, constitute evidence of bias. Allegations of personal vendetta or improper association with another judge were speculative and unsupported by facts. The court found that none of the definitions of bias—actual, imputed, or apparent—were satisfied in this case. The principle that justice must be seen to be done applies to all parties and observers, not sole…

Source excerpt

  • Judicial Recusal
  • Impartiality Of Judges
  • Bias Allegations
  • Practice Directions On Recusal
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Constitutional Law [2021] AfCHPR 36

Abdlhafid v Republic of Tunisia (Application No. 033/2018)

Abdlhafid v Republic of Tunisia (Application No. 033/2018) [2021] AfCHPR 36 (25 June 2021)

Court
African Court on Human and Peoples Rights
Case number
Application No. 033/2018
Judge
Aboud P, Anukam J, Bensaoula J, Chizumila J, Kioko J, Mengue J, Mukamulisa J, Ntsebeza J, Sacko J, Tchikaya VP

The Court found that the applicant did not exhaust local remedies prior to filing the application, as proceedings regarding abuse of power were still pending before the Tunisian Administrative Court at the time of filing. The Court held that the time elapsed (one year, four months, and fifteen days) was not unduly prolonged and that the applicant should have awaited a final domestic decision before approaching the African Court. As exhaustion of local remedies is a cumulative and mandatory admissibility requirement under Article 56 of the Charter and Rule 50(2) of the Rules, the failure to me…

Source excerpt

  • Judicial Independence
  • Exhaustion Of Local Remedies
  • State Sovereignty
  • Access To International Justice
  • Admissibility Requirements
  • Impartiality Of Judges
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Civil Procedure [2021] UGSC 32

Mabirizi v Kabaka of Buganda

Mabirizi v Kabaka of Buganda (Civil Appeal 13 of 2018) [2021] UGSC 32 (18 May 2021)

Court
Supreme Court of Uganda
Case number
Civil Appeal 13 of 2018
Judge
Tuhaise, JSC

Justice Tuhaise found that the applicant's claim of animosity and lack of impartiality was unsubstantiated and based on his own perception, which did not meet the objective test for reasonable apprehension of bias. She distinguished between having knowledge of the facts from prior judicial handling and having personal knowledge as a witness, concluding that her prior ruling did not give her personal knowledge of the disputed facts. However, she determined that since the applicant sought to set aside her own prior ruling in the Court of Appeal within the present appeal, sitting on the coram wo…

Source excerpt

  • Judicial Recusal
  • Impartiality Of Judges
  • Natural Justice
  • Fair Hearing
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Uganda decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.