Judge withdraws from case between Balala and Cortec

Mining secretary Najib Balala who has been taken to court by Cotec Mining Kenya Ltd over cancellation of the firm’s licence. Mr Balala has since dismissed the bribe claims and insisted that his action was informed by the need to clean up the mining industry. Photo/FILE

In a dramatic turn of events, a judge who was scheduled to deliver a ruling in a dispute between mining firm Cortec and Cabinet Secretary Najib Balala quit abruptly on Friday before pronouncing the verdict.

High Court judge David Majanja told the lawyers who turned up for the ruling that the matter would be handled by another judge.

“Due to issues that cropped up on August 21, I recuse myself due to personal reasons,” said Judge Majanja.

He did not elaborate on the nature of circumstances which led him to quit the case at 2.30pm.

However, he directed that the case be mentioned on August 26 before another judge for directions.

Justice Majanja was set to determine whether he would grant Cortec leave to challenge a decision by the Mining minister to cancel its special mining licence on August 5.

The strange turn of events left lawyers in the case wondering what could have happened to the judge who on August 21 allowed three government departments and a private company to join the suit.

He allowed the Kenya Forest Services (KFS), the National Museums, the National Environmental Management Authority (Nema) and Basu Mining Limited to join the case.

The new parties urged the court to reject the application by Cortec, saying “it was relying on an illegal licence that was obtained through misrepresentations long before it was registered at the Attorney General Chambers.”