Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others (Environment & Land Case 339 of 2011) [2024] KEELC 651 (KLR)
The bottom line
#A Kenyan court dismissed a request to have a land case heard by a different judge, ruling the claimed bias was unfounded.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established a basis for the court's recusal or transfer of the suit to a different judge on grounds of apprehended bias arising from the pendency of ELC No. 162 of 2019 before the same judge
The application fails; no sufficient basis for recusal was established as the apprehension of bias was unreasonable, speculative and unfounded, particularly since ELC No. 162 of 2019 has been stayed and the Applicant is not a party to it
The court applied the objective test for bias from R v Jackson Mwalulu, Republic v David Makali and the East African Court of Justice in Anyang Nyong'o: bias must not be a mere figment of imagination and must be specifically established. The Applicant's only concern was that the same judge handles ELC No. 162 of 2019, but that suit is stayed pending determination of this suit, and the Applicant is not a party to it. The court also invoked the duty to sit per Kaplan & Stratton and SARFU, and declined the recusal, dismissing the motion with costs.
Legal principles established
#- The test for recusal is objective: whether a reasonable person seized of the facts would conclude that the judge hearing the matter will be biased; allegations of bias must be specifically alleged and established, and unfounded or unreasonable apprehensions do not justify recusal
- It is the duty of a judicial officer to hear and determine the case allocated to them; a judge should not accede to an unfounded disqualification application (duty to sit)
Court orders
#- 1.The Notice of Motion dated 13/12/2023 is dismissed with costs to the Plaintiff
- 2.Hearing of the suit to proceed as scheduled on 12/03/2024
- Jurisdiction invoked
- Sections 6, 1A, 1B & 3A of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Continental Credit Finance Limited (In Liquidation) v Wanjohi & 2 others (Environment & Land Case 339 of 2011) [2024] KEELC 651 (KLR)", Case Analysis (2024). ELC Case No. 339 of 2011 (formerly HCCC No. 339 of 2005). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/651/eng@2024-02-12
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.