Musa Ndaliro Muchelule & 5 others v National Land Commission & 2 others [2020] KEELC 34 (KLR)

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.