Economy

Setback for Tatu City cases after judge quits on claims of conflicting interests

tatu

I will not be in the Commercial Division until the end of June, 2012 MR JUSTICE HAVELOCK COMMERCIAL COURT JUDGE

The Sh240 billion Tatu City development project suffered yet another setback Tuesday after a judge quit amid accusations of conflict of interest.

But Mr Justice Jonathan Havelock steered from accusations levelled against him by a section of majority shareholders while quitting from hearing the series of suits facing one of the Kenya’s largest direct foreign investment project.

Although the majority shareholders had earlier withdrawn an application seeking the judge’s disqualification and orally apologised to him, Mr Havelock informed the lawyers to the disputing parties that he would be away from the court until the end of June.

“Despite their apology to this court as regards the withdrawn application, I am sure the learned counsel for the companies will be relieved to hear that I will not be in the Commercial Division until the end of June, 2012,” said Mr Havelock. “In such circumstances, I recluse myself from dealing with these matters any further,” he said before referring the file to the Commercial Division’s presiding judge Mr Justice Daniel Musinga for directions.

Mr Musinga had earlier referred the case to Mr Havelock on February 21 and urged him to deal with the pending applications after he declined an application to disqualify his counterpart. Mr Musinga had observed that his “learned brother” was properly seized of the dispute and he (Mr Musinga) had no powers to disqualify him from handling the case. “Ordinarily, an application seeking disqualification of a judge conducting a matter should be heard before the judge himself,” said Mr Musinga.

(Read: Court refers Tatu City case to judge)

Mr Justice Havelock had indicated that he was offended by an affidavit by one of the directors representing majority shareholders who accused him of conflict of interest. In a ruling last December, Mr Havelock said he was angered by the affidavit by Mr Josephat Kibogo Kinyua, a director, to the extent that “I do not think I am going to be able to make a just and unprejudiced decision on the application before me.”

The judge is alleged to have acted for Tatu City’s sister company Kofinaf while in private practice as a partner at Kaplan and Stratton Advocates. Mr Kinyua had also accused the judge of being acquainted with one of the minority shareholder Stephen Mbugua Mwangiru, saying his failure to disclose the facts had undermined his authority and impartiality to sit as a judge and determine the dispute.