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Obiero t/a C Obiero & Associates Advocates v Okeno & 2 others t/a Okeno & Sons Building Contractors (Civil Application E065 of 2024) [2025] KECA 319 (KLR)
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·~2 min to read original · ~4 min briefThe bottom line
#A Court of Appeal dispute over a Homa Bay judge's refusal to step aside ended in a consent settlement, with no costs against anyone.
What this practically means
#Executive summary
#This is a short consent ruling of the Court of Appeal at Kisumu arising from an application by Clifiord Otieno Obiero, an advocate practising as C. Obiero & Associates Advocates. He was aggrieved by a ruling of the High Court at Homa Bay (Kiarie W. Kiarie, J) delivered on 14th March 2024 in Homa Bay High Court Misc. Civil Application No. E085 of 2023, in which the trial court declined to recuse itself. He moved the Court of Appeal under Rule 5(2) of the Court of Appeal Rules seeking stay of proceedings and of execution flowing from that ruling. The application was heard on 15th October 2024 in the absence of the respondent, who had been served but could not log into the virtual platform; the ruling was reserved for 7th March 2025, with interim stay of proceedings before the High Court granted in the meantime. Upon being served with the interim orders, the respondent filed an application dated 31st October 2024 under Rule 49 seeking to set aside, vary or vacate the interim stay and to have the application re-heard on its merits. When both applications came up for plenary hearing on 20th January 2025, counsel for the parties compromised them by consent. The Court accordingly marked the application as settled with no order as to costs. The ruling is of no precedential value, contains no determination of the merits of the recusal or stay issues, and did not disturb the High Court decision.
Key legal issues
#Legal principles established
#Court orders
#- 1.The application is marked as settled, having been compromised by consent of the parties
- 2.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya
- Homa Bay High Court Misc. Civil Application No. E085 of 2023
- Jurisdiction invoked
- Rule 5(2) of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
In the premises, therefore, the application having been compromised by consent of the parties, this application is hereby marked as settled with no order as to costs.
Issues in the judgment
#minor
The name of the respondent and the case number of the application before the Court of Appeal are not stated in the judgment; the respondent is referred to only generically.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Obiero t/a C Obiero & Associates Advocates v Okeno & 2 others t/a Okeno & Sons Building Contractors (Civil Application E065 of 2024) [2025] KECA 319 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/319/eng@2025-02-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.