REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
CORAM: GICHERU, OMOLO and LAKHA, JJ.A.
CIVIL APPEAL NO. 79 OF 1997
BETWEEN
BEATRICE WANJIRU KIMANI ............................. APPELLANT
AND
EVANSON KIMANI NJOROGE .............................. RESPONDENT
(Appeal from a judgment of the High Court of Kenya at Nairobi
(Kuloba J) dated 14th day of November, 1996
in
H.C.C.C. NO. 1610 OF 1995 (O.S.))
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JUDGMENT OF OMOLO, J.A.
I had the advantage of reading in draft form the judgments prepared by my learned brothers, Gicheru and Lakha, JJ.A. One feature common to both judgments is the conclusion that the learned trial judge appears to have been biased against the rights of this appellant and women in general over the issue of property acquired during the subsistence of a marriage. In my view, once it is accepted that a judge was in fact biased against a party, then the question of any notional fairness in the eventual outcome of the dispute becomes merely academic. I agre…