RULING OF THE COURT
The applicant, Central Bank of Kenya, has moved this Court, pursuant to the provisions in rules 1(2), 39, 42 and 43 of the Rules of this Court, for orders that this Court do grant leave to the applicant to appeal against the ruling and orders of the superior court (Kuloba, J) whereby the learned judge declined to disqualify himself from hearing the suit in the High Court, being Civil Suit No. 29 of 1995.
The learned judge was asked to disqualify himself by the advocate for the applicant from hearing the said suit on the grounds that (1) the learned judge had permitted the third respondent to file two suits in the Commercial Division of the High Court when the matters raised in the suits were not of commercial nature and, (2) that the learned judge had improperly intervened in the correction of a draft of a formal order in respect of suit No. 418 of 1998 and that therefore there was reasonable apprehension in the mind of the applicant that the learned judge may not gi…