This archive report was first published on 13 August 2019.
On August 13, 2019, Justice Joel Ngugi recused himself from a High Court case involving a Sh17 million dispute between a lawyer, Hari Gakinya, and his client, Sabatia Investments Limited.
Ngugi cited his impending appointment as a Court of Appeal Judge and the potential inconvenience it may cause him in handling the case.
He directed that the case be mentioned before another judge in Nakuru who would provide directions on how to proceed.
Ngugi's recusal was a win for Gakinya, who had requested that the judge recuse himself from the case.
The case involved a dispute over a Sh17 million payment, with Gakinya accused of refusing to pay the amount awarded by the court to Sabatia Investments Limited.
Gideon Toroitich, the Chairman of Sabatia Investments Limited, had sued Gakinya for allegedly lying to the court about the amount claimed by the company.
Toroitich claimed that Gakinya had paid him Sh22 million, but declined to pay the remaining Sh17 million.
He also accused Gakinya of colluding with county lawyer George Kamau to set aside the judgment without the plaintiff's consent.