• Accused of making demeaning statements about the county in another case
• KPA's lawyer Githu Muigai urged the court to resist bullying
Image: FILE
Two Court of Appeal judges yesterday recused themselves from hearing a petition seeking to transfer KPA from the national government to Mombasa county government.
Judges Alnashir Visram and Wanjiru Karanja's decision followed an application by the Mombasa county and lobby group Muhuri (Muslims for Human Rights), the interested parties.
The judges said that in the interests of justice for both parties, it was appropriate for them to step aside and allow the CJ to appoint other judges to hear and determine the appeal.
They did not elaborate, however, they had been accused of making biased statements against the county.
"The matter is of public interest that affects employees of Mombasa and residents we, therefore, recuse ourselves. A fresh bench should be constituted excluding Visram and Karanja," they said.
Chief Justice David Maraga is expected to appoint two judges who will preside over the hearing alongside Justice Martha Koome.
In the petition, three Mombasa residents William Ramogi, Gerald Kithi and Asha Omar want operations of KPA transferred from the national government to the county government.
The petition landed at the Court of Appeal after a five-judge bench appointed by the CJ declined to disqualify itself from hearing the matter.
The five judges said they had jurisdiction to hear and determine the matter and, therefore, threw out the respondents, including the AG's application. The dissatisfied AG moved to the Court of Appeal.
But in a fresh application, Mombasa county said the two judges had previously shown bias by making demeaning statements against the county in a different case.
County lawyer Pheroze Nowrojee said the two judges made statements that were were interpreted as demeaning and showed prejudice against the county. He said it was clear that the same judges could not sit again and hear an appeal against the same party and still make a fair determination.
"The court showed it was biased and it is likely it will be biased again," Nowrojee said.
The lawyer further said the matter affects hundreds of people employed at KPA and, therefore, it could not be dismissed as the AG wanted.
However, KPA through its lawyer Githu Muigai, urged the court to resist the "bullying" demonstrated by the county government. He said it was a grievous allegation when one party claims bias against the judges and, therefore, they should not recuse themselves.
Githu said that by judges stepping down, the integrity of the Judiciary will be damaged beyond repair.
"Respect to Judiciary and colleagues is a must. It is incorrect to state that two of the judges of this court are incapable of handling a case since the allegations are baseless," he said