Charles Munene Gatimu & Karegi Catherine Kamanja v Ernest Omwnga (sued on his own behalf and as the Chairman of Amani Self Help Group),Peter Kinyua, Abel Oyaro, Protus Mandela, John Ngige, Charles Akunga, Samuel Muturi, Evans Obiero, Francis Ndirangu, Peter Kioko, Stephen Kibunja, Mary Wambui & Lucy Njeri [2019] KEELC 388 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT NAIROBI

ELC NO. 288 OF 2013

CHARLES MUNENE GATIMU.............................1ST PLAINTIFF

KAREGI CATHERINE KAMANJA......................2ND PLAINTIFF

=VERSUS=

ERNEST OMWNGA (SUED ON HIS OWN BEHALF AND AS THE

CHAIRMAN OFAMANI SELF HELP GROUP)....1ST DEFENDANT

PETER KINYUA...................................................2ND   DEFENDANT

ABEL OYARO.......................................................3RD  DEFENDANT

PROTUS MANDELA...........................................4TH   DEFENDANT

JOHN NGIGE..........................................................5TH DEFENDANT

CHARLES AKUNGA.............................................6TH DEFENDANT

SAMUEL MUTURI................................................7TH DEFENDANT

EVANS OBIERO....................................................8TH DEFENDANT

FRANCIS NDIRANGU..........................................9TH DEFENDANT

PETER KIOKO...................................................10TH DEFENDANT

STEPHEN KIBUNJA.........................................11TH DEFENDANT

MARY WAMBUI................................................12TH DEFENDANT

LUCY NJERI......................................................13TH DEFENDANT

RULING

1. This Is the notice of motion dated 10th July 2019 brought under article 47, 50, 159(2) and 160(1) of the Constitution, 2010 Sections 1 and 3 of the Civil Procedure Act, Cap 21 Laws of Kenya, Order 51 Rule 1 of the Civil Procedure Rules, 2010 and Sections 3, 12 of the Fair Administrative Action Act 2015 and Section 3 of the Judicature Act, 2018 and all the other enabling provisions of the law).

2. It seeks:-

1. That the honourable trial Judge in the above matter be obligated to disqualify and/or recuse herself from further hearing the above matter.

2. That any other order which the honourable court may deem fit and just to grant in the circumstances.

3. The grounds are on the face of the application and are set out in paragraphs 1 to 6.

4. The application is supported by the affidavit of Ernest Omwenga, a member of the 1st defendant.

5. The application is opposed. There is a replying affidavit sworn by Charles Munene Gatimu the 1st plaintiff herein sworn on the 26th April 2019.

6. I have considered the notice of motion and the affidavit in support.  I have also considered the replying affidavit and the oral submissions made by counsel. I wish to state that the court record is very clear.  The defendants have been handled fairly in these proceedings. The defendants have not demonstrated any bias of this court towards them.  The application is calculated to delay the expeditions disposal of the suit. There are no reasons given to warrant this court to recuse itself.

7. Notwithstanding the fact that there is no proper basis for this court to recuse itself at this stage, I will allow the matter to proceed before another judge.  Parties do appear before Hon. J Okong’o (PJ) on 15th January 2020 for further directions.

It is so ordered.

Dated, signed and delivered in Nairobi on this 5TH  day of DECEMBER 2019.

……………………….

L. KOMINGOI

JUDGE

In the presence of:-

Miss Sang for Momanyi for the 1st Plaintiff

Mr. Were for 2nd Plaintiff

Mr. Maosa for the Defendants

Kajuju – Court Assistant