Judge recuses herself from Nokia tax data leakage case

A judge has recused herself from hearing a petition filed by Nokia Corporation in which the multinational seeks to stop the prosecution of its bosses by a Kenyan company for obtaining tax information.

Justice Cecilia Githua recused herself from the case saying she was no longer comfortable handling the matter after TechnoService complained of bias.

“My view is that the application needs to be argued because although the claims by the applicant are totally false and unfounded, perceptions are important on matters to do with the administration of Justice because this is what informs the principle that Justice must not only be done but also must be seen to be done, " said Judge Githua.

Nokia and TechnoService have been battling in various courts and late last year, the Kenyan company was allowed to privately prosecute the multinational company together with its officials and lawyers.

Abuse of the process

Those to be prosecuted include Rajeev Suri, a former CEO, and Aapo Saarikivi and Roschier Attorneys Limited for information on TechnoService Nokia say it obtained from the Companies Registry.

Nokia, however, moved to the High Court after it was served with summons to appear virtually and plead to the charges.

Under a certificate of urgency, Nokia said its reputation and image as an information technology company is at stake and the orders, suspending the charges brought by TechnoService, ought to be granted.

“Considering its international repute as a well-known multinational telecommunication and information technology company, it would be imperative that the orders of stay are issued to prevent the further perpetuation of abuse of the process of court,” the petition before the High Court stated.

But after moving to the High Court, TechnoService raised claims of bias and asked the judge to disqualify herself.

“To save the court's time and expedite hearing of the applications, I hereby, for personal reasons, recuse myself from hearing this matter going forward,” the Judge said and forwarded the file to another judge to handle the case.

TechnoService wants Nokia and its officials to be charged with 11 counts including conspiracy to fabricate evidence, conspiracy to defeat justice, making a false document, uttering a false document, perjury and subordination.