Cheruto v Paul t/a Mimshack Bales (Claim E107074 of 2025) [2026] SCC 145 (KLR)

Cheruto v Paul t/a Mimshack Bales (Claim E107074 of 2025) [2026] SCC 145 (KLR) (10 July 2026) (Ruling) Neutral citation: [2026] SCC 145 (KLR) REPUBLIC OF KENYA IN THE MILIMANI SMALL CLAIMS COURT CLAIM E107074 OF 2025 GW KIAMAH, RM JULY 10, 2026 BETWEEN SHEILA CHERUTO .................................................................................. CLAIMANT AND FAAITH PAUL T/A MIMSHACK BALES ......................................... RESPONDENT RULING 1. This matter comes up for judgment. I have considered the claim, response, and supporting evidence filed before this Court. 2. Upon perusal of the pleadings, it has emerged that the claim herein has been filed by a firm with which I have previously had professional interactions. The issue arising is whether, in the circumstances, I should continue to preside over the matter or recuse myself to safeguard the integrity of the proceedings. 3. The guiding principle is that justice must not only be done but must manifestly and undoubtedly be seen to be done. Judicial oficers are obligated to maintain both actual impartiality and the appearance of impartiality so as to preserve public confidence in the administration of justice. Recusal is therefore appropriate where circumstances exist that may give rise to a reasonable apprehension of bias in the mind of a fair-minded and informed observer. 4. While I am satisfied that I am capable of determining this matter impartially, the prior professional interactions with the firm on record may reasonably give rise to perceived concerns regarding impartiality. The Court must avoid any situation that could undermine confidence in the fairness and independence of the proceedings, regardless of the absence of actual bias. 5. In the interests of transparency and to uphold the integrity of the adjudicative process, it is prudent that I do not continue to handle the matter. The upshot is that I hereby recuse myself from further conduct of this matter. https://new.kenyalaw.org/akn/ke/judgment/scc/2026/145/eng@2026-07-10 1

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