A Malindi High Court Judge has recused himself from a matter involving the ownership of the Salama Beach Hotel.
Justice Stephen Githinji was compelled to make the move after being accused of gross misconduct and breach of the oath of office.
An application filed by the deposed director of the Hotel Stefano Uccelli, said he had lost faith in the judge and was apprehensive that Githinji might be biased in his ruling.
Uccelli had claimed that the judge had met with Isaac Rodrot, who is also in the case, and his lawyer at a bar where all high court cases were discussed.
The petition further claimed that Githinji took a trip to Dubai and attended a fundraising in Naivasha, courtesy of the earlier alleged meeting.
At the time of the trip, it was claimed that the judge had issued orders adverse to Uccelli in an application dated November 22, 2022.
Githinji however dismissed the claims, saying even though he had been at the same bar with the aforementioned, they did not discuss any cases.
He had walked into the bar with his friend to have lunch when he spotted the lawyer who waved at him.
Two men who were unknown to the judge, who was new in Malindi, joined the counsel and after talking shortly, they joined Githinji and his friend.
They introduced themselves with Rodrot saying he had a case before the judge.
Githinji submitted that he got uneasy, which the man noticed and suggested they organise a trip to Dubai for deliberations.
"I got annoyed and told them that his conduct is wrong, it's unacceptable and should simply present his issues in court. I said I did not engage in that," the judge said.
"We deliberated nothing at all about the matters."
Githinji said he did not push the incident further as he thought he had dealt with it sufficiently.
He assured that he had not acted in biasness, saying the decisions he had made in matters involving the applicants were informed by the law and facts presented before him.
"Save for doing justice in the matters, I hold no any personal interest in them," he said.
The judge added that he only knows Uccelli by name.
He went on to state that the petition filed before the Judicial Service Commission was most likely meant to place him in a catch-22 situation.
A catch-22 situation is a dilemma circumstance from which there is no escape because of mutually conflicting or dependent conditions.
Githinji said the petition for his removal from office is yet to be processed and determined.
He however said he saw it fair not to continue with the hearing of the matter involving the applicant as he may have deliberations before him at the JSC.
"Given the circumstances, any decision I may make in the matter may be perceived biased," he said.
"Therefore I recuse myself in this matter and all other matters related to it and direct that the file be placed before the Principal Judge in Nairobi for directions."
Under regulations 21 Part II of the Judicial Service Code of Conduct and Ethics, a judge may recuse themselves if;
One is a party to the proceedings, was or is a material witness in the matter in controversy, has a personal interest or is in a relationship with someone who has a personal interest in the matter and is precluded from hearing the matter on account of any other sufficient reason.