Supreme Court clears four judges to hear Tuju’s appeal in Sh4.5 billion loan dispute with EADB
The Supreme Court of Kenya vacated its earlier order of recusal, allowing four of its judges to participate in the pending appeal in the long-running dispute between Dari Limited and five others and the East African Development Bank. In a ruling delivered on Friday, a five-judge bench comprising Deputy Chief Justice Philomena Mwilu, Justices Smokin [...] The post Supreme Court clears four judges…
The Supreme Court of Kenya has lifted its earlier recusal order, permitting four judges to participate in the appeal of a Sh4.5 billion loan dispute between Dari Limited and the East African Development Bank (EADB). A five-judge panel comprising Deputy Chief Justice Philomena Mwilu and Justices Smokin Wanjala, Njoki Ndung’u, William Ouko, and Mohammed Warsame (replacing the late Justice Khadar Ibrahim) made the decision on Friday.
The recusal order was initially imposed after an allegation of bias from the applicants, claiming the judges involved intended to reach a predetermined outcome. However, the Court found that the applicants had withdrawn their complaint against the Supreme Court justices, and gave no reason for the recusal to continue. The Court ruled that the earlier decision was correct and proper, and that it was exercising its inherent discretionary authority to order necessary proceedings for justice.
The four judges will now be allowed to proceed with the appeal, which may be scheduled for normal hearing.
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