Jepkemboi v Chirchir & 2 others (Environment & Land Case E013 of 2024) [2025] KEELC 654 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Judicial recusal due to familial relationship with counsel
The court recused itself because the judge's first-cousin relationship with the plaintiff's counsel created a real danger of bias
The judge disclosed, under Articles 10(a), 10(c), 35(1)(b) and 50(1) of the Constitution, that he was first cousin to Mr David Momanyi Gichana, counsel for the plaintiff. Counsel affirmed the relationship and indicated an intention to hand over the file to another counsel. Relying on Galaxy Paints, Metropolitan Properties (Fg-C) Ltd v Lennon and Jasbir Rai, the court found a real danger of bias and held that justice must be seen to be done, warranting recusal.
Transfer of the suit to a court of competent jurisdiction
The suit was transferred to the Chief Magistrate's Court at Kapsabet, which has jurisdiction over land disputes under section 9(a) of the Magistrates' Courts Act, 2015 and section 26 of the Environment and Land Court Act, 2015
The suit concerns fraud, trespass and nuisance in respect of land, and seeks a declaration of beneficial and legal ownership and an order compelling the Land Registrar to transfer and register the parcel NANDI/KAMOBO/7792. Section 9(a) of the Magistrates' Courts Act and section 26 of the Environment and Land Court Act empower Magistrates' Courts to hear and determine disputes relating to title to land. The subject matter falls within the Kapsabet Chief Magistrate's Court's jurisdiction, and counsel for the parties did not oppose the transfer.
Legal principles established
#- Justice must not only be done but be seen to be done; a real danger of bias requires recusal
- Recusal applies where a reasonable person would reasonably suspect bias, or where there is reasonable suspicion that a fair trial was not possible
Court orders
#- 1.The judge recused himself from the suit
- 2.The suit was transferred to the Chief Magistrate's Court at Kapsabet for hearing and determination
- Jurisdiction invoked
- Sections 1A, 1B, 3, 3A, 5, 11, 15, 18 of the Civil Procedure Act (Cap 21) and the Environment and Land Court Act, 2015; Section 9(a) of the Magistrates' Courts Act, 2015
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jepkemboi v Chirchir & 2 others (Environment & Land Case E013 of 2024) [2025] KEELC 654 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/654/eng@2025-02-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.