Omu v Kiso Ltd & 3 others (Environment and Land Case 3B of 2016) [2026] KEELC 3961 (KLR) (30 June 2026) (Ruling)
The recusal request failed because the application that allegedly created the perception of bias had already been withdrawn, leaving no subsisting basis for recusal or transfer of the matter.
Source-derived case information.
- Citation
- [2026] KEELC 3961 (KLR)
- Parties
- Plaintiff: Aggrey Anzala Omu; Defendant: Kiso Ltd & 3 others
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Case 3B of 2016
- Procedural Posture
- Environment and Land Court Ruling on Recusal Application / Application Dismissed After Parties Filed Submissions and Highlighted
- Outcome
- Application dismissed
- Judges
- ["FM Njoroge"]
- Legal Topics
- Recusal of Judge, Application Withdrawn, Perceived Bias, Costs of Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Aggrey Anzala Omu
Plaintiff
Kiso Ltd & 3 others
Defendant
Procedural Posture
Environment and Land Court Ruling on Recusal Application / Application Dismissed After Parties Filed Submissions and Highlighted
Legal Issues
- 1 Whether the judge should recuse himself from hearing the matter
- 2 Whether the suit should be transferred to another judge
- 3 Whether the recusal application had any basis after the underlying application was withdrawn
Ratio Decidendi
The recusal request failed because the application that allegedly created the perception of bias had already been withdrawn, leaving no subsisting basis for recusal or transfer of the matter.
Court Disposition
Application dismissed
Orders
- Application dated 15th December 2025 dismissed
- No orders as to costs
Full Case Text
Judgment text and source record
1 paragraphs
Omu v Kiso Ltd & 3 others (Environment and Land Case 3B of 2016) [2026] KEELC 3961 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELC 3961 (KLR) Republic of Kenya In the Environment and Land Court at Malindi Environment and Land Case 3B of 2016 FM Njoroge, J June 30, 2026 Between Aggrey Anzala Omu Plaintiff and Kiso Ltd & 3 others & 3 others & 3 others & 3 others & 3 others & 3 others & 3 others Defendant Ruling 1.When this matter came up on 17th December 2025, Mr. Mwanzia for the 4th defendant indicated he had filed an application dated 15th December 2025 seeking orders that I should recuse myself from hearing this matter and that the suit be transferred to any other judge of the Environment and Land Court for determination. 2.On 18th December 2025 the court perused the recusal motion dated 15th December 2025 and ordered that parties file submissions, and that they highlight those submissions on 12th February 2026. The application was scheduled for ruling on 28th May 2026 when the court could not deliver a ruling and the matter was then schedule for mention on 11th June 2026 for the setting of another ruling date. On 11th June 2026 Mr. Chelule indicated that he has withdrawn or applications and there is no need for Mr Mwanzia’s client’s recusal application, but Mr Mwanzia insisted on a ruling on the application. 3.This is a concluded matter. Vide a notice dated 5/3/2026 the application dated 5th February 2025 was withdrawn. The application in which the court was thought to be biased therefore no longer pends for determination. In this court’s consideration, the present applicant’s grievance only arose from his negative perception of the manner in which the court handled that application. The application which prompted the recusal application having been withdrawn, there is no good ground upon which the application dated 15th December 2025 can stand. 4.Consequently, I hereby dismiss the application dated 15th December 2025 with no orders as to costs. DATED, SIGNED AND DELIVERED AT MALINDI ON THIS 30TH DAY OF JUNE 2026.MWANGI NJOROGEJUDGE, ELC, MALINDI.