REPUBLIC OF KENYA IN THE SMALL CLAIMS COURT AT NAIROBI CLAIM NO. E107090 OF 2025 PHYLIS NJERI……………………………….. …………………….CLAIMANT VERSUS JACINTA KENDI…………….………………………………… 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 I have had previous personal and professional interactions with the claimant’s law firm. 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 officers 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 1|Page JUDGMENT SCCOME107090 OF 2025
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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 personal and professional interactions with the claimant’s advocate law firm 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. 6. The file shall be placed before the Head of Station on 27/8/2026 for directions on reallocation. It is so ordered. DATED and DELIVERED at NAIROBI via CTS this 14th Day of August 2026 2|Page JUDGMENT SCCOME107090 OF 2025
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HON. GLADYS. W. KIAMAH RESIDENT MAGISTRATE/ADJUDICATOR 3|Page JUDGMENT SCCOME107090 OF 2025
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