JASBIR SINGH RAI,IQBAL SINGH RAI,DALJIT KAUR HANS & SARJIT KAUR RAI V. TARLOCHAN SINGH RAI ESTATE OF,JASWANT SINGH RAI,SARBJIT SINGH RAI,RAI PLYWOODS (KENYA) LIMITED & SATJIT SINGH & RAM SINGH ESTATE OF

RULING

A. BACKGROUND

[1] The matter before the Court is a petition from Court of Appeal Civil Appeal No. 63 of 2001 at Nairobi, arising from contested High Court proceedings in Winding Up Cause No. 44 of 1999.

[2] The petitioners, being aggrieved by the decision of Ransley, J appealed to the Court of Appeal, where a three-judge Bench presided over by Justice A.B. Shah (as he then was), dismissed the appeal under section 210 of the Companies Act (Cap. 486, Laws of Kenya). It is to be noted that at the time, the Court of Appeal was the final appellate Court. Subsequently, after judgment was delivered, certain facts came to light, indicating misconduct and/or misbehaviour on the part of the presiding Judge. Such facts indicated that there had been a collusive relationship between the Judge and one of the respondents.

[3] This revelation prompted the petitioners to lodge their grievance before the Integrity and Anti-Corruption Committee, resulting in Justice Shah’s suspension, on 15^th October…