[2025] KEHC 3355 (KLR)
The court held that it was functus officio, having already rendered its judgment and dismissed the appeal. Any further grievances or requests for recusal or interpretation of law must be addressed to the appellate court, where the applicant has already filed a notice of appeal and been granted leave. The High Court...
Source-derived case information.
- Citation
- [2025] KEHC 3355 (KLR)
- Parties
- Applicant: SBK; Respondent: MK
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Family Appeal E052 of 2023
- Procedural Posture
- Family Appeal / Ruling on Amended Notice of Motion Seeking Recusal and Other Orders
- Outcome
- application dismissed
- Judges
- HK Chemitei
- Legal Topics
- Recusal of Judge, Functus Officio, Appeal Process, Interpretation of Constitution, Children Act Provisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
SBK
Applicant
MK
Respondent
Procedural Posture
Family Appeal / Ruling on Amended Notice of Motion Seeking Recusal and Other Orders
Legal Issues
- 1 Whether the High Court is functus officio in relation to the matters raised by the applicant.
- 2 Whether the application for recusal and interpretation of laws can be entertained after the appeal has been dismissed and a notice of appeal filed.
- 3 What is the appropriate forum for the applicant to seek further relief.
Ratio Decidendi
The court held that it was functus officio, having already rendered its judgment and dismissed the appeal. Any further grievances or requests for recusal or interpretation of law must be addressed to the appellate court, where the applicant has already filed a notice of appeal and been granted leave. The High Court thus lacks jurisdiction to entertain the present application, and the applicant's recourse lies in prosecuting the appeal before the Court of Appeal.
Court Disposition
application dismissed
Orders
- The amended notice of motion dated 31st July 2024 is dismissed.
Full Case Text
Judgment text and source record
23 paragraphs
SBK v MK (Family Appeal E052 of 2023) [2025] KEHC 3355 (KLR) (Family) (20 March 2025) (Ruling)
Neutral citation: [2025] KEHC 3355 (KLR)
Republic of Kenya
In the High Court at Nairobi (Milimani Law Courts)
Family
Family Appeal E052 of 2023
HK Chemitei, J
March 20, 2025
Between
SBK
Applicant
and
MK
Respondent
Ruling
1. The Applicant’s amended notice of motion dated 31st July 2024 seeks several prayers which to say the least are confusing and incomprehensible. The orders sought includes a recusal of Honorable Lady Justice Nyaundi SC in this matter, various interpretations of various laws including Article 159 of the Constitution and various portions of the Children’s Act.
2. I have read the entire supporting affidavit as well as the annexures thereto which includes the judgement of Hon Lady Justice Nyaundi dismissing the appeal and I believe upholding the trials courts findings.
3. The same contains the notice of appeal to the Court of Appeal by the Applicant and the leave which the court granted him. It also in the mix consist of some mediation proceedings which the parties have undertaken.
4. The application has not been opposed by the Respondent.
5. I have anxiously looked at the entire application and in my view all the issues raised as rightly stated somewhere by the Applicant indicates that this court is funtus officio. The right forum to agitate is the appellate court.
6. All that the Applicant needs to do is to simply prosecute his appeal at the said court and seek any other appropriate orders.
7. The application is otherwise dismissed.
DATED SIGNED AND DELIVERED AT NAIROBI VIA VIDEO LINK THIS 20TH DAY OF MARCH, 2025. H K CHEMITEIJUDGE