[2021] KEELC 662 (KLR)
The court found that since the judge whose recusal was sought had already been transferred from the Malindi Environment and Land Court, the application for his recusal had been overtaken by events. There was therefore no live issue for the court to determine regarding the recusal, and it would serve no purpose to...
Source-derived case information.
- Citation
- [2021] KEELC 662 (KLR)
- Parties
- Plaintiff: Joyce Nyokabi (Administrator of David Kamau Mwangi); Plaintiff: Timothy Chege; Defendant: Commissioner of Lands; Defendant: Land Registrar – Kilifi; Defendant: Attorney General; Defendant: Wilson Gachanja; Defendant: Alfred Chrwon; Defendant: James Raymond Njenga
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Malindi
- Jurisdiction
- Kenya
- Case Number
- Environment & Land Case 120 of 2011
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Recusal of Judge
- Outcome
- application for recusal declared moot; file to be transmitted for further hearing
- Judges
- JO Olola
- Legal Topics
- Judicial Recusal, Transfer of Judge, Case Management
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joyce Nyokabi (Administrator of David Kamau Mwangi)
Plaintiff
Timothy Chege
Plaintiff
Commissioner of Lands
Defendant
Land Registrar – Kilifi
Defendant
Attorney General
Defendant
Wilson Gachanja
Defendant
Alfred Chrwon
Defendant
James Raymond Njenga
Defendant
Procedural Posture
Miscellaneous Application / Ruling on Application for Recusal of Judge
Legal Issues
- 1 Whether the application for recusal of the presiding judge is still relevant after the judge has been transferred from the court.
- 2 Whether the court should make a determination on the recusal application under the changed circumstances.
Ratio Decidendi
The court found that since the judge whose recusal was sought had already been transferred from the Malindi Environment and Land Court, the application for his recusal had been overtaken by events. There was therefore no live issue for the court to determine regarding the recusal, and it would serve no purpose to rule on the merits of the application. The court accordingly declined to make a determination on the recusal application and directed that the file be transmitted back to the Malindi ELC for hearing of the pending substantive application.
Court Disposition
application for recusal declared moot; file to be transmitted for further hearing
Orders
- The application dated 8th April, 2021 for recusal is declared overtaken by events and no determination is made thereon.
- The file is to be transmitted back to the Malindi Environment and Land Court for hearing and determination of the application dated 15th December, 2020.
Full Case Text
Judgment text and source record
28 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT MALINDI
ELC NO. 120 OF 2011
(Formerly NAIROBI HCCC 1012 OF 1998)
JOYCE NYOKABI (Administrator of David Kamau Mwangi)...................1ST PLAINTIFF
TIMOTHY CHEGE......................................................................................2ND PLAINTIFF
-VERSUS-
COMMISSIONER OF LANDS.................................................................1ST DEFENDANT
LAND REGISTRAR – KILIFI................................................................2ND DEFENDANT
ATTORNEY GENERAL..........................................................................3RD DEFENDANT
WILSON GACHANJA.............................................................................4TH DEFENDANT
ALFRED CHRWON.................................................................................5TH DEFENDANT
JAMES RAYMOND NJENGA.................................................................6TH DEFENDANT
RULING
1. By the Notice of Motion application dated 8th April, 2021, the 1st and 2nd Defendants herein sought an order to the effect that the Environment and Land Court Judge at Malindi Hon. James Olola does recuse himself from hearing this matter. The Plaintiffs had opposed the application and this court thereafter reserved the matter for a Ruling on 28th October, 2021.
2. As it turned out, the Judge whose recusal was sought herein was transferred to Nyeri Environment and Land Court effective 16th September, 2021 and the Honourable Lady Justice (Dr) Milicent Odeny now sits at the Malindi Environment and Land Court.
3. Having moved away from the Malindi ELC, I think the Motion dated 8th April, 2021 has now been overtaken by events and there is no need to make a determination thereon.
4. Accordingly I hereby direct that this file be transmitted back to the Malindi ELC court for hearing and determination of the application dated 15th December, 2020 which was in the process of being heard when the application for recusal was made.
I make no order as to costs.
RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NYERI THIS 2ND DAY OF DECEMBER, 2021 VIA MICROSOFT TEAMS.
In the presence of:
Mr. Gachuna for the Plaintiffs
Mr. Nguyo for 1st to 3rd Defendants
Court assistant - Wario
........................
J. O. OLOLA
JUDGE