[2020] KEELC 1242 (KLR)

[2020] KEELC 1242 (KLR)

The court found that the remarks attributed to the judge by the applicant were not on record and, even if made, could not be construed as evidence of bias or a predetermined decision. The applicant failed to provide specific, substantiated facts that would lead a reasonable, fair-minded, and informed observer to...

Source-derived case information.

Citation
[2020] KEELC 1242 (KLR)
Parties
Applicant: Republic; Respondent: Export Processing Zones Authority; Respondent: National Environment Management Authority; Respondent: Water Resources Authority; Interested Party: London Distillers (K) Ltd; Interested Party: Mavoko Water & Sewerage Co; Interested Party: County Government of Machakos, Department of Environment & Natural Resources; Interested Party: Denvic Property Managers Ltd; Ex Parte Applicant: Erdermann Property Limited
Court
Environment and Land Court
Court Station
Environment and Land Court at Machakos
Jurisdiction
Kenya
Judgment Date
25 September 2020
Case Number
Environment and Land Judicial Review Case 2 of 2020
Procedural Posture
Miscellaneous Application / Ruling on Application for Recusal of Judge
Outcome
application dismissed with costs to the 1st Interested Party
Judges
OA Angote
Legal Topics
Judicial Recusal, Reasonable Apprehension of Bias, Natural Justice, Environmental Pollution Disputes
Source Language
english
Civil Procedure Environmental Law Judicial Recusal Reasonable Apprehension of Bias Natural Justice Environmental Pollution Disputes

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Parties

Republic

Applicant

Export Processing Zones Authority

Respondent

National Environment Management Authority

Respondent

Water Resources Authority

Respondent

London Distillers (K) Ltd

Interested Party

Mavoko Water & Sewerage Co

Interested Party

County Government of Machakos, Department of Environment & Natural Resources

Interested Party

Denvic Property Managers Ltd

Interested Party

Erdermann Property Limited

Ex Parte Applicant

Procedural Posture

Miscellaneous Application / Ruling on Application for Recusal of Judge

Legal Issues

  1. 1 Whether the remarks attributed to the presiding judge give rise to a reasonable apprehension of bias warranting recusal.
  2. 2 Whether the applicant has established sufficient grounds for recusal based on the appearance of bias.
  3. 3 Whether the application for recusal is substantiated or amounts to an attempt to forum shop or intimidate the court.

Ratio Decidendi

The court found that the remarks attributed to the judge by the applicant were not on record and, even if made, could not be construed as evidence of bias or a predetermined decision. The applicant failed to provide specific, substantiated facts that would lead a reasonable, fair-minded, and informed observer to conclude that the judge was or would be biased. The court emphasized that recusal requires more than the applicant's subjective perception; it must be based on objective evidence of bias or reasonable apprehension thereof. The application was deemed unmeritorious, as granting it would undermine judicial independence and the administration of justice by allowing parties to seek...

Court Disposition

application dismissed with costs to the 1st Interested Party

Orders

  • The application dated 30th January, 2020 is dismissed.
  • Costs awarded to the 1st Interested Party.