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ELCOtherNot stated in judgment· [2025] KEELC 4042 (KLR)

Kitur v Misoi & 3 others (Environment and Land Case E05 of 2023) [2025] KEELC 4042 (KLR)

Environment and Land Court
28 May 2025
GOG M A Ongondo
501 words in judgment
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The bottom line

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A Kapsabet land judge stepped aside from a disputed land case over a personal relationship, and the case moves to Eldoret.

What this practically means

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Executive summary

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This is a recusal ruling by G M A Ongondo, Judge of the Environment and Land Court at Kapsabet, in an originatingsuit by plaint dated 3rd August 2023 seeking, inter alia, declaration orders and a permanent restraint order over land parcel number Nandi/Kamobo/1682. The judge considered whether to withdraw from the suit on the ground of a reasonably perceived impartiality. Setting out the legal framework, the court adopted the definition of recusal in Black's Law Dictionary, applied the reasonable-suspicion test from Metropolitan Properties (FgC) Ltd v Lannon, noted the principle from Galaxy Paints v Falcon Guards that justice must not only be done but seen to be done even though judges have a duty to sit, and cited Regulation 21(e) of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 on recusal for personal interest or relationship, together with Article 50(1) of the Constitution guaranteeing a fair hearing before an independent and impartial tribunal. The judge found that his close personal relationship with a party and with persons having a personal interest in the outcome might reasonably call his impartiality into question. To preserve public confidence in the administration of justice, he recused himself, transferred the suit to the Eldoret Environment and Land Court for hearing and determination, and directed a mention before the Deputy Registrar on 18th June 2025 to confirm typing of proceedings before transmission of the file to Eldoret. No costs order was made.

Key legal issues

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01

Whether the judge's impartiality might reasonably be questioned requiring recusal

Holding

The court held that recusal was inevitable because of the judge's close personal relationship with a party and persons with a personal interest in the outcome.

Reasoning

Relying on the reasonable-suspicion test in Metropolitan Properties (FgC) Ltd v Lannon, Regulation 21(e) of the Judicial Service Code of Conduct, and Article 50(1) on fair hearing before an independent and impartial tribunal, the judge found that his close personal relationship with a party or interested persons would cause a reasonable observer to suspect bias, and that recusal was necessary to preserve public confidence in the administration of justice.

p. 2

Legal principles established

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  • A judge must recuse where a reasonable person would reasonably suspect bias, even absent a real likelihood of bias
  • Justice must not only be done but be seen to be done, yet judges have a duty to sit, hear and determine cases
  • To preserve public confidence in the administration of justice, disqualification is warranted where the judge's impartiality might reasonably be questioned

Court orders

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  1. 1.The judge recuses himself from the suit
  2. 2.The suit be transferred to the Eldoret Environment and Land Court for hearing and determination
  3. 3.The case be mentioned before the Deputy Registrar of this court on 18th June 2025 to confirm typing of proceedings and thereafter the file be transmitted to Eldoret Environment and Land Court
Jurisdiction invoked
Judicial Service (Code of Conduct and Ethics) Regulations 2020, Regulation 21(e), and Article 50(1) of the Constitution of Kenya 2010

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, "Kitur v Misoi & 3 others (Environment and Land Case E05 of 2023) [2025] KEELC 4042 (KLR)", Case Analysis (2025). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4042/eng@2025-05-28

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