JUDGMENT
Delivered by Rajkumar JA
Background
1.
On September 7th 2015 an election was held. Six petitions (the petitions)
were filed challenging the results in six constituencies, including one by the
applicant. The petitions were dismissed by the High Court, with the applicant’s
petition being dismissed on August 19th, 20161. His appeal was dismissed by the
Court of Appeal on October 19th 2016. The panel of the Court of Appeal
included the Honourable Chief Justice (CJ).
2.
In or around 2017 a series of articles began to be published in the daily
newspapers containing various allegations in relation to the CJ (the allegations).
Among those allegations were included some relating to recommendations
made by the CJ in relation to housing provided by the Housing Development
Corporation (HDC).
3.
This application seeks a determination as to whether the fair-minded
and informed observer would have considered that there was a real possibility
of bias by the CJ when he sat and determined as part of a panel, the appeals in
the election petitions (the appeals) by reason of circumstances relating to the
HDC recommendations and alleged follow up communications thereafter
(together the HDC allegations).
4.
It was also contended, inter alia, that the CJ was required to disclose the
HDC allegations to the parties to the election petitions and that the failure to
disclose them would give rise to the perception of apparent bias.
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Page 3, 68 of the application bundle.
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