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ELCOtherEnvironment and Land Appeal E115 of 2021· [2023] KEELC 16756 (KLR)
Mururi v Willy & 4 others
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·~2 min to read original · ~4 min briefThe bottom line
#A Kenyan land appeal was reassigned to a different judge because the original judge had previously ruled against the same party's lawyer in related litigation.
What this practically means
#Executive summary
#This is an administrative order, not a substantive judgment, issued by Eboso J in an appeal from Ruiru SPMC Environment and Land Case No 103 of 2019. While preparing to write judgment, the court discovered that it had, on 16 February 2022, struck out Thika ELC Petition No E004 of 2021 - a petition filed and prosecuted by Meshack Kariuki Gichuru as attorney of the appellant, Veronica Ngithi Mururi - on grounds that the court was not the proper forum and that the petition was an abuse of process. The same judge later dismissed, by ruling dated 1 February 2023, an application for review of that ruling. The court also noted that Gichuru had prosecuted the underlying suit as the appellant's attorney, testifying as PW1. Given this background, and that the appeal had been canvassed wholly by written submissions, the judge concluded that the appeal should be disposed of by a court other than Thika ELC Court 1. The court regretted that this background was not disclosed when the appeal was admitted in July 2022 and when judgment date was reserved. The order reserving the judgment date was vacated and the appeal was directed to be listed for mention before Thika ELC Court 2 for disposal directions. No costs order was made. The order was delivered virtually at Thika on 27 March 2023, with Ms Njihia appearing for the respondents and Mr Kinyua for the appellant.
Key legal issues
#01
Whether the same judge who struck out a related petition and dismissed its review should hear the appeal
Holding
The appeal should be handled by a different court of concurrent jurisdiction to avoid any perception of bias or prejudgment
Reasoning
The judge had previously struck out Thika ELC Petition No E004 of 2021, filed by the appellant's attorney, and dismissed the review application. Since the appeal was canvassed through written submissions, the judge considered it appropriate that another court dispose of the appeal.
p. 2
Legal principles established
#Court orders
#- 1.The order reserving a date for Judgment in this appeal is vacated
- 2.The appeal be listed for mention before Thika ELC Court 2 for disposal directions
- On appeal from
- Ruiru Senior Principal Magistrate's Court
- Ruiru SPMC Environment and Land Case No 103 of 2019
- Jurisdiction invoked
- Environment and Land Court Act appellate jurisdiction over subordinate courts' environment and land disputes
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mururi v Willy & 4 others", Case Analysis (2023). Environment and Land Appeal E115 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16756/eng@2023-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.