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ELRCAllowedELRC Cause No. E261 of 2025· [2026] KEELRC 2664 (KLR)

Patrick Otera Matere v Sic Investment Cooperative

Employment & Labour Relations Court
30 September 2026
HWHellen Wasilwa
2,695 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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A Kenyan employment judge stepped aside from a case because her own lawyer was representing one of the parties.

What this practically means

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Executive summary

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The Respondent, Sic Investment Cooperative, filed a Notice of Motion dated 11th May 2025 seeking the recusal of Lady Justice Hellen Wasilwa from ELRC Cause No. E261 of 2025 and reallocation of the matter to another judge. It did not impugn the judge's competence or integrity but asserted a reasonable apprehension of bias arising from an undisputed advocate-client relationship: the Claimant's advocates, Messrs. J. A. Guserwa & Company Advocates, were shown by a letter of 28th April 2026 to be acting as the judge's personal advocates in a separate matter. The Applicant anchored the application on Article 50(1) of the Constitution, Article 73, and Regulation 21 of the Judicial Service (Code of Conduct and Ethics) Regulations, and relied on authorities on the objective test of reasonable apprehension of bias. The Claimant, through a Replying Affidavit sworn by his advocate Judith A. Guserwa, opposed the application, contending that counsel is entitled to represent any client, that the application was malicious and strategically timed to scuttle the hearing scheduled for 7th October 2026, and that no constitutional violation was established. The Claimant relied on ELRC authorities dismissing recusal applications founded on speculation. In a brief ruling, the court accepted that the firm acts for the judge in another suit, a fact pegged on the right to counsel of choice and arising before the cause was allocated to her. Noting that her integrity and competence were not in question, the judge nonetheless allowed the application to ensure justice was not only done but seen to be done, recusing herself forthwith with costs in the cause. The ruling was delivered virtually at Nairobi on 30th September 2026.

Key legal issues

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Whether the advocate-client relationship between the presiding judge and the Claimant's advocate gives rise to a reasonable apprehension of bias

Holding

Yes - the court accepted the relationship existed and recused itself to preserve the appearance of justice, notwithstanding that its integrity and competence were not questioned.

Reasoning

The court did not dispute that the firm of J. A. Guserwa acts for the judge in another suit, a fact pegged on the right to counsel of choice and arising before the cause was allocated to her. Noting her integrity and competence were not in question given her oath of service, the judge nonetheless allowed the application so that justice would be seen to be done, recusing herself forthwith with costs in the cause.

p. 13

Legal principles established

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  • A judge should recuse herself where, to ensure justice is not only done but seen to be done, a reasonable apprehension of bias arises from an advocate-client relationship between the judge and counsel for a party.

Court orders

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  1. 1.The application is allowed and the Honourable Lady Justice Hellen Wasilwa recuses herself from hearing the claim forthwith
  2. 2.Costs in the cause
Jurisdiction invoked
Original employment and labour relations jurisdiction of the ELRC; recusal application under Regulation 21 of the Judicial Service (Code of Conduct and Ethics) Regulations and Article 50(1) of the Constitution

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Patrick Otera Matere v Sic Investment Cooperative", Case Analysis (2026). ELRC Cause No. E261 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2664/eng@2026-09-30

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.