[2019] KEELC 388 (KLR)
The court found that the defendants had not demonstrated any bias or improper conduct by the presiding judge. The record showed that the defendants had been treated fairly, and no sufficient reasons were provided to warrant recusal. However, in the interest of justice and to avoid further delay, the court exercised...
Source-derived case information.
- Citation
- [2019] KEELC 388 (KLR)
- Parties
- Plaintiff: Charles Munene Gatimu; Plaintiff: Karegi Catherine Kamanja; Defendant: Ernest Omwenga (sued on his own behalf and as the Chairman of Amani Self Help Group); Defendant: Peter Kinyua; Defendant: Abel Oyaro; Defendant: Protus Mandela; Defendant: John Ngige; Defendant: Charles Akunga; Defendant: Samuel Muturi; Defendant: Evans Obiero; Defendant: Francis Ndirangu; Defendant: Peter Kioko; Defendant: Stephen Kibunja; Defendant: Mary Wambui; Defendant: Lucy Njeri
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 288 of 2013
- Procedural Posture
- Notice of Motion / Ruling on Application for Recusal of Trial Judge
- Outcome
- Application for recusal allowed; matter to proceed before another judge.
- Judges
- LC Komingoi
- Legal Topics
- Judicial Recusal, Fair Hearing, Judicial Bias, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Charles Munene Gatimu
Plaintiff
Karegi Catherine Kamanja
Plaintiff
Ernest Omwenga (sued on his own behalf and as the Chairman of Amani Self Help Group)
Defendant
Peter Kinyua
Defendant
Abel Oyaro
Defendant
Protus Mandela
Defendant
John Ngige
Defendant
Charles Akunga
Defendant
Samuel Muturi
Defendant
Evans Obiero
Defendant
Francis Ndirangu
Defendant
Peter Kioko
Defendant
Stephen Kibunja
Defendant
Mary Wambui
Defendant
Lucy Njeri
Defendant
Procedural Posture
Notice of Motion / Ruling on Application for Recusal of Trial Judge
Legal Issues
- 1 Whether the trial judge should recuse herself from further hearing the matter due to alleged bias.
- 2 Whether the defendants have demonstrated sufficient grounds for recusal.
Ratio Decidendi
The court found that the defendants had not demonstrated any bias or improper conduct by the presiding judge. The record showed that the defendants had been treated fairly, and no sufficient reasons were provided to warrant recusal. However, in the interest of justice and to avoid further delay, the court exercised its discretion to allow the matter to proceed before another judge, despite the lack of a proper basis for recusal at this stage.
Court Disposition
Application for recusal allowed; matter to proceed before another judge.
Orders
- The matter shall proceed before another judge.
- Parties to appear before Hon. J Okong’o (PJ) on 15th January 2020 for further directions.
Full Case Text
Judgment text and source record
41 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT NAIROBI
ELC NO. 288 OF 2013
CHARLES MUNENE GATIMU.............................1ST PLAINTIFF
KAREGI CATHERINE KAMANJA......................2ND PLAINTIFF
=VERSUS=
ERNEST OMWNGA (SUED ON HIS OWN BEHALF AND AS THE
CHAIRMAN OFAMANI SELF HELP GROUP)....1ST DEFENDANT
PETER KINYUA...................................................2ND DEFENDANT
ABEL OYARO.......................................................3RD DEFENDANT
PROTUS MANDELA...........................................4TH DEFENDANT
JOHN NGIGE..........................................................5TH DEFENDANT
CHARLES AKUNGA.............................................6TH DEFENDANT
SAMUEL MUTURI................................................7TH DEFENDANT
EVANS OBIERO....................................................8TH DEFENDANT
FRANCIS NDIRANGU..........................................9TH DEFENDANT
PETER KIOKO...................................................10TH DEFENDANT
STEPHEN KIBUNJA.........................................11TH DEFENDANT
MARY WAMBUI................................................12TH DEFENDANT
LUCY NJERI......................................................13TH DEFENDANT
RULING
1. This Is the notice of motion dated 10th July 2019 brought under article 47, 50, 159(2) and 160(1) of the Constitution, 2010 Sections 1 and 3 of the Civil Procedure Act, Cap 21 Laws of Kenya, Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Sections 3, 12 of the Fair Administrative Action Act 2015 and Section 3 of the Judicature Act, 2018 and all the other enabling provisions of the law).
2. It seeks:-
1. That the honourable trial Judge in the above matter be obligated to disqualify and/or recuse herself from further hearing the above matter.
2. That any other order which the honourable court may deem fit and just to grant in the circumstances.
3. The grounds are on the face of the application and are set out in paragraphs 1 to 6.
4. The application is supported by the affidavit of Ernest Omwenga, a member of the 1st defendant.
5. The application is opposed. There is a replying affidavit sworn by Charles Munene Gatimu the 1st plaintiff herein sworn on the 26th April 2019.
6. I have considered the notice of motion and the affidavit in support. I have also considered the replying affidavit and the oral submissions made by counsel. I wish to state that the court record is very clear. The defendants have been handled fairly in these proceedings. The defendants have not demonstrated any bias of this court towards them. The application is calculated to delay the expeditions disposal of the suit. There are no reasons given to warrant this court to recuse itself.
7. Notwithstanding the fact that there is no proper basis for this court to recuse itself at this stage, I will allow the matter to proceed before another judge. Parties do appear before Hon. J Okong’o (PJ) on 15th January 2020 for further directions.
It is so ordered.
Dated, signed and delivered in Nairobi on this 5TH day of DECEMBER 2019.
……………………….
L. KOMINGOI
JUDGE
In the presence of:-
Miss Sang for Momanyi for the 1st Plaintiff
Mr. Were for 2nd Plaintiff
Mr. Maosa for the Defendants
Kajuju – Court Assistant