[2022] KEHC 3354 (KLR)

[2022] KEHC 3354 (KLR)

The court found that there was no objection to the withdrawal of the recusal application and that allowing the withdrawal would facilitate the expeditious determination of the substantive petitions. The court further held that, in the interests of justice and efficient case management, the consolidated petitions...

Source-derived case information.

Citation
[2022] KEHC 3354 (KLR)
Parties
Applicant: Sankale Ole Kantai; Applicant: Noordin Mohammed Haji; Applicant: Law Society of Kenya; Respondent: Inspector General of the National Police Service; Respondent: Director of Criminal Investigations; Respondent: Public Service Commission; Respondent: Gabriel Hannah Van Straten; Respondent: Ibrahim Ndungu Ndirangu; Respondent: Judicial Service Comission; Interested Party: Sarah Wairimu Kamotho Cohen; Interested Party: Peter Njoroge Karanja; Interested Party: Grace Ita Ndinda; Interested Party: Francis Nyaga Njeru
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Case Number
Constitutional Petition E334 of 2021
Procedural Posture
Constitutional Petition / Ruling on Withdrawal of Recusal Application and De Consolidation of Petitions
Outcome
Notice of Motion for recusal marked as withdrawn with costs; petitions de-consolidated as directed; interim orders to remain in force.
Judges
AC Mrima
Legal Topics
Judicial Recusal, Case Consolidation, Withdrawal of Application
Source Language
en
Constitutional Law Civil Procedure Judicial Recusal Case Consolidation Withdrawal of Application

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Parties

Sankale Ole Kantai

Applicant

Noordin Mohammed Haji

Applicant

Law Society of Kenya

Applicant

Inspector General of the National Police Service

Respondent

Director of Criminal Investigations

Respondent

Public Service Commission

Respondent

Gabriel Hannah Van Straten

Respondent

Ibrahim Ndungu Ndirangu

Respondent

Judicial Service Comission

Respondent

Sarah Wairimu Kamotho Cohen

Interested Party

Peter Njoroge Karanja

Interested Party

Grace Ita Ndinda

Interested Party

Francis Nyaga Njeru

Interested Party

Procedural Posture

Constitutional Petition / Ruling on Withdrawal of Recusal Application and De Consolidation of Petitions

Legal Issues

  1. 1 Whether the Notice of Motion seeking the recusal of the Honourable Judge should be allowed to be withdrawn.
  2. 2 Whether the consolidated petitions should be de-consolidated and heard separately.

Ratio Decidendi

The court found that there was no objection to the withdrawal of the recusal application and that allowing the withdrawal would facilitate the expeditious determination of the substantive petitions. The court further held that, in the interests of justice and efficient case management, the consolidated petitions should be de-consolidated as proposed, with certain petitions to be heard separately and others to remain consolidated. The court exercised its discretion to maintain all interim orders and directed that the matters be heard by the same court, with further directions to be issued for each petition.

Court Disposition

Notice of Motion for recusal marked as withdrawn with costs; petitions de-consolidated as directed; interim orders to remain in force.

Orders

  • The Notice of Motion dated 7th December, 2021 seeking the recusal of the Honourable Judge is marked as withdrawn with costs.
  • Petition No. E334 of 2021 shall be heard separately.