recusal

Test of judicial impartiality, independence, for Eswatini judges

A case pending before the Supreme Court of Eswatini, and due for hearing at the end of August, could be a crucial test of judicial independence in the country. Lawyers involved in the case say at least three of the five judges due to preside when the case is called, are candidates for recusal. The appeal is due to deal with a high court’s declaration that key sections of Eswatini’s terrorism and sedition laws were unconstitutional.


Read the high court decisions

 

At issue in the pending appeal is a crucial majority decision in the high court, finding that essential elements of Eswatini’s terrorism and seditions laws were unconstitutional.

But the appeal against that judgment, originally made in 2016, has not been able to be heard because of the shortage of supreme court judges in Eswatini.

Faced with 'wrongful allegations' of bribery, judge recuses herself

A prominent judge of Malawi’s high court has announced her recusal from a case involving the death of a woman allegedly at the hands of her husband. Judge Fiona Mwale has recused herself from the trial following claims by the family of the dead woman that bribe money had been collected to pay the presiding officer in the matter. She said that there was no truth in the claim, but that she felt she had to quit the trial so that the bribery allegation could be investigated.

Read judgment

The contentious matter of recusal has emerged again. This time it takes the form of what could well be a deliberate attempt to force a judge to stand down from a controversial matter she has been hearing.

Judge stands down, citing 'intensity of insolence' from counsel

The search for Kenya’s new chief justice has reached a crucial point: an intensive fortnight of candidate interviews by the judicial service commission. But the battle over the future of the jurist leading the search, Kenya’s acting chief justice, Philomena Mwilu, is continuing in parallel. Most recently, the high court judge set to hear a petition that Justice Mwilu be removed as acting CJ and deputy CJ among other positions, because of graft allegations against her, has announced he will recuse himself.

Read judgment

The question of when judges should recuse themselves from hearing certain cases continues to be one of the most hotly-debated judicial issues in the region. The latest decision by Patrick Otieno, a member of Kenya’s high court bench, will add fuel to these flames. The judge has recused himself from hearing a petition seeking orders barring the second most senior jurist in the country from continuing in office,

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