What is judicial recusal?
A Judge will excuse himself or herself from hearing of a case when there is conflict of interest or bias in relation to a party, advocate, witness or other related matter. Judges must at all times uphold the judicial oath they took before taking up their roles. They must at all times be fair, impartial without fear or favor affection or ill will and do right to all manner of people.
The moment a judicial officer is perceived to be biased, he or should in most instances excuse himself from handling that particular matter.
Under what circumstances should a Judge excuse himself or herself?
Whenever questions arise about recusal of a judicial officer, the first thing that comes to mind is bias. Bias is defined (source) as an inclination or prejudice for or against one person or group of persons who are under the impression that the Judge in question shall not accord them a fair hearing as far as their matter is concerned. Having regard to the capricious nature of Law, one might argue that a Judge, whose political inclination is swayed by a particular ideology as evidenced by either their statements or their decisions, might in some cases, exhibit prejudice to a particular group of people. Or, one might argue that certain extra-legal characteristics of a Judge such as their Gender, race or religion might play into their decision making hence calling into play questions of bias. In this line of thinking we have a clearer understanding of the underlying rationale for Counsel Male’s recusal Petition.
To question the integrity of the Judge is essentially a question of law clothed under Article 28(1) of the Constitution of the Republic Uganda 1995, as amended fused with common sense from which the reasonable test arises.
To ground this argument, where any reasonable suspicion and likelihood of bias is expressed, the prudent and ethical act would be for the Judge to recuse him or herself from the matter before him or herself especially where the aggrieved party has expressed substantial concern as opposed to mere ploys.
The reality of a Judicial officer recusing himself from a matter are relative and not automatic as there is a lot to account for other than just mere allegations of bias.