The Attorney General v Rajan Mahthani (Appeal No. 4 of 2020) [2025] ZMSC (24 July 2025): Judicial Recusal and Why it is Important to Strike a Balance

Authors

Mwami Kabwabwa, Research Associate, Southern African Institute for Policy and Research

Publication Date

5-2025

Abstract

This contribution examines The Attorney General v Rajan Mahthani, a Supreme Court ruling on judicial recusal. The author critically assesses the Court’s insistence on proving actual, extrajudicial bias as a prerequisite for recusal. Though the importance of shielding the judiciary from frivolous motions is acknowledged, the piece warns that the Court’s rigid stance, paired with its admonishing tone, may undermine the right to a fair hearing guaranteed under Article 18 of the Constitution. Drawing on South African and Kenyan jurisprudence, the author proposes adopting a “reasonable apprehension of bias” standard that respects judicial independence while safeguarding public confidence in the impartiality of the courts.

Recommended Citation

Kabwabwa, Mwami (2025) "The Attorney General v Rajan Mahthani (Appeal No. 4 of 2020) [2025] ZMSC (24 July 2025): Judicial Recusal and Why it is Important to Strike a Balance," SAIPAR Case Review: Vol. 8: Iss. 1, Article 7.
Available at: https://scholarship.law.cornell.edu/scr/vol8/iss1/7