2011-UNAT-128 | SYSTEM OF ADMINISTRATION OF JUSTICE

2011-UNAT-128, Macharia

UNAT Held or UNDT Pronouncements

UNAT considered an application for revision of judgment No. 2010-UNAT-015 by Ms. Macharia. UNAT held that Ms. Macharia provided no evidence upon which it could infer that there was bias or likelihood of bias on the part of Judge Izuako. UNAT held that, with regard to the Legal Officer who allegedly had a personal friendship with Judge Boolell, there was no evidence for it to draw the conclusion that the Legal Officer influenced the proceedings or the UNDT Judge in her decision. UNAT held that Ms. Macharia did not offer any evidence in support of her bare assertions casting serious doubt on the integrity of both Judges Boolell and Izuako. UNAT dismissed the application.

Decision Contested or Judgment Appealed

In judgment No. 2010-UNAT-015, UNAT dismissed Ms Macharia’s appeal.

Legal Principle(s)

The minimum standards of fair decision-making by all adjudicating bodies include the entitlement to an unbiased decision-maker. A conjecture may be plausible but is of no legal value, for its essence is that it is a mere guess.

Outcome

Revision, correction, interpretation or execution

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Full Judgment

Applicants/ Appellants

Macharia

Entity

UN-Habitat

Case Number(s)

2009-020

Tribunal

UNAT

Registry Location :

New York