PAUL KIBUGI MUITE & another v UNIKEN MARKETING SERVICES LIMITED & another [2010] KEHC 1255 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI (NAIROBI LAW COURTS) Civil Suit 466 of 2009

PAUL KIBUGI MUITE ………………………………………….PLAINTIFF

V E R S U S

UNIKEN MARKETING SERVICES LIMITED …………….DEFENDANT

By way of counter claim

UNIKEN MARKETING SERVICES LIMITED ………………PLAINTIFF

V E R S U S

PAUL KIBUGI MUITE ………………………….……………..DEFENDANT

O R D E R

On perusing the pleadings and affidavits in the file I have noted that a matter involving the property and parties herein came before the Auctioneers Licensing Board, of which I am the Chairman, following instructions to an auctioneer to levy distress against the Plaintiff on the property.The Board heard the disciplinary complaint and made decision against the auctioneer.

It would not be right, just or fair for me to sit in judgment in this matter given that background.I consequently recuse myself from the matter and ask the Principal Judge to allocate it to any other Judge.

DATED AND DELIVERED ATNAIROBI

THIS 28TH OF SEPTEMBER 2010

1. O. MUCHELULE

J U D G E