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ELCDismissedNarok ELC Constitutional Petition Number 22 of 2019 (Notice of Motion dated 24/7/2020)· [2021] KEELC 2623 (KLR)

Samparuan Ole Kijape & 30 others v Cabinet Secretary, Ministry of Lands & Physical Planning & 25 others [2021] KEELC 2623 (KLR)

Environment and Land Court
13 July 2021
MKMohamed N. Kullow
1,163 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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A Kenyan land court refused to step aside from a case, ruling that accusations of judicial bias must be backed by real evidence, not just claims.

What this practically means

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Executive summary

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This ruling determines a Notice of Motion dated 24/7/2020 by 25 Petitioners in Narok ELC Constitutional Petition No. 22 of 2019, seeking a stay of proceedings, the recusal of the presiding judge, and a reference to the Chief Justice for appointment of another judge, or alternatively transfer of the petition to another ELC judge. The applicants, residents and land owners of Naikarra Adjudication Section, alleged that respondents had solicited Kshs. 2,500,000 to influence the court, based on the evidence of Saruni Ole Ntayia and Ampai Ole Mako describing meetings at Naroomoru cluster group and the home of the 17th Respondent. The respondents, through Kamakei Ole Nyakuni's replying affidavit, countered that the allegations were unsubstantiated, amounted to forum shopping, and were undermined by alibi evidence for the alleged meeting dates; they also invoked Order 19 rule 3 of the Civil Procedure Rules on affidavits based on information and belief. Applying Charity Muthoni Gitabi v Joseph Gichangi Gitabi, Judge Mohamed N. Kullow held that mere allegations of bias must be substantiated and that judges should not recuse themselves on flimsy and baseless allegations. Finding the bribery allegations far-fetched and stating he had received no money, the court dismissed the application on 13 July 2021 with no orders as to costs, affirming it would not be intimidated and would continue in pursuit of justice.

Key legal issues

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Whether the court should recuse itself on the applicants' allegations of bias

Holding

The application for recusal was dismissed; the allegations were unsubstantiated and far-fetched

Reasoning

Relying on Charity Muthoni Gitabi v Joseph Gichangi Gitabi, the court held there is no automatic recusal upon a mere allegation. The applicants' claim that Kshs. 2,500,000 was raised to influence the court's outcome lacked evidential support - no records of contributors, and the alleged meeting dates were contested. The court affirmed it would not be intimidated and would continue in pursuit of justice as sworn on oath of office.

p. 2

Legal principles established

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  • A judge should not recuse himself on a mere allegation of bias; allegations must be substantiated

Court orders

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  1. 1.The Application dated 24/7/2020 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Constitution of KenyaArticle 50(1)
  • Civil Procedure ActSections 1A, 1B & 3A
  • Civil Procedure RulesOrder 51; Order 19 rule 3

Cases cited (1)

  • Charity Muthoni Gitabi v Joseph Gichangi Gitabi (Substituted By) Michael Wachira Gitabi
    [2017] eKLR
Jurisdiction invoked
Article 50(1) of the Constitution; Sections 1A, 1B & 3A of the Civil Procedure Act and Order 51 of the Civil Procedure Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Samparuan Ole Kijape & 30 others v Cabinet Secretary, Ministry of Lands & Physical Planning & 25 others [2021] KEELC 2623 (KLR)", Case Analysis (2021). Narok ELC Constitutional Petition Number 22 of 2019 (Notice of Motion dated 24/7/2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2623/eng@2021-07-13

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.