[2020] KEELC 34 (KLR)
The court found that the petitioners had expressed a lack of confidence in the impartiality of the presiding judge and the current court, invoking their constitutional right to a fair hearing before an independent and impartial tribunal. In the interest of justice and to uphold the petitioners' rights under Article...
Source-derived case information.
- Citation
- [2020] KEELC 34 (KLR)
- Parties
- Applicant: Musa Ndaliro Muchelule & 5 Others; Respondent: National Land Commission & 2 Others
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Bungoma
- Jurisdiction
- Kenya
- Case Number
- Petition 5 of 1999
- Procedural Posture
- Constitutional Petition / Ruling on Transfer of Proceedings
- Outcome
- petition transferred to eldoret environment and land court
- Legal Topics
- Transfer of Proceedings, Judicial Recusal, Right to Fair Hearing
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Musa Ndaliro Muchelule & 5 Others
Applicant
National Land Commission & 2 Others
Respondent
Procedural Posture
Constitutional Petition / Ruling on Transfer of Proceedings
Legal Issues
- 1 Whether the petition should be transferred to another court due to concerns about judicial impartiality.
- 2 Whether the petitioners' right to a fair hearing under Article 50 of the Constitution is at risk.
Ratio Decidendi
The court found that the petitioners had expressed a lack of confidence in the impartiality of the presiding judge and the current court, invoking their constitutional right to a fair hearing before an independent and impartial tribunal. In the interest of justice and to uphold the petitioners' rights under Article 50 of the Constitution, the court exercised its discretion to transfer the petition to the Environment and Land Court at Eldoret. The court emphasized that the transfer was necessary to address the petitioners' concerns and to maintain public confidence in the administration of justice.
Court Disposition
petition transferred to eldoret environment and land court
Orders
- The petition is transferred to Eldoret Environment and Land Court.
- The matter shall be mentioned on 20th January 2020 for further directions as to hearing.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT
AT BUNGOMA
PETITION NO. 5 OF 1999
FORMERLY KAKAMEGA 5 OF 2018
MUSA NDALIRO MUCHELULE & 5 OTHERS.................................................PETITIONERS
VERSUS
NATIONAL LAND COMMISSION & 2 OTHERS............................................RESPONDENTS
R U L I N G
This Petition was transferred from KAKAMEGA ELC by HON MATHEKA J following an application by Counsel for the Petitioners that the Judge recuses herself.
It was placed before me on 8th October 2019 when I directed that it be mentioned on 14th November 2019 for further directions because I wasn’t going to be available on 4th November 2019 as directed by MATHEKA J.
On 4th November 2019 MR IMBENZI for Petitioner appeared before the Deputy Registrar HON MWENDA and requested that this is “a very sensitive matter” and sought its transfer to ELDORET ELC. The Petitioners nonetheless went to the Registry and took a hearing date of 4th February 2020.
The Petitioners have the right to be heard by an independent and impartial Court as provided by Article 50 of the Constitution. They appear to doubt the impartiality of MATHEKA J. They also think that I cannot handle “a very sensitive matter” and should perhaps consider a career in the priesthood!! I don’t know if that is a compliment.
However, as requested by Counsel for the Petitioners, this Petition is hereby transferred to ELDORET ELC where it shall be mentioned on 20th January 2020 for further directions as to hearing.
The Deputy Registrar to notify the parties accordingly.
Boaz N. Olao.
J U D G E
6th January 2020.