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ELCDismissedNakuru Environment and Land Court Case No. E033 of 2023 (Application dated 17th July 2025)· [2025] KEELC 5751 (KLR)

Omar & another v Kulei & 4 others (Environment and Land Case E033 of 2023) [2025] KEELC 5751 (KLR)

Environment and Land Court of Kenya
31 July 2025
6,721 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~27 min to read original · ~4 min brief

The bottom line

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A Kenyan land court refused to pause judgment after bias claims against the judge failed, confirming that unproven allegations won't delay a nearly finished case.

What this practically means

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Executive summary

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By a notice of motion dated 17th July 2025, Juma Okumu, the proposed 6th defendant whose application for joinder and for the recusal of Hon. Justice A.O. Ombwayo had been dismissed by a ruling of 10th July 2025, sought a stay of further proceedings and of the scheduled delivery of judgment in Nakuru ELC Case No. E033 of 2023 (Omar Mohammed Omar & Another v Joshua Kulei & others) pending his appeal against the recusal ruling. He argued that his appeal was arguable, that a fair-minded observer would apprehend bias given alleged bribes of Kshs. 50 million evidenced by M-Pesa transactions and a letter dated 30th April 2025, and that public interest in a dispute over public land, L.R No. 13287/99, and a pending JSC Petition No. 49 of 2025 justified the stay. The 1st and 4th respondents opposed, contending that the applicant was a non-party and busybody, the appeal was not arguable, the bias allegations lacked cogent evidence, and the stay would unjustly delay a matter heard expeditiously. The court held that the applicant, having been denied joinder, was not a party and not entitled to the orders; that allegations of bribing a judge require cogent evidence and were unsubstantiated; and that the right of appeal must be balanced against the plaintiff's right to a determination without unreasonable delay. Applying the Global Tours & Travel principles, the court declined to stay the proceedings and dismissed the application with costs.

Key legal issues

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01

Whether a stay of proceedings should issue pending the appeal against the refusal of recusal

Holding

The stay was refused; proceedings were at the tail end, judgment had been scheduled, and the applicant had failed to substantiate the bias allegations

Reasoning

The court applied the settled principles from Global Tours & Travel Ltd and related authorities: stay of proceedings is discretionary, granted only where in the interest of justice, weighing expeditious disposal, arguability of the appeal, judicial time and expedition. The court found the bias allegations unsubstantiated, the applicant was not a party to the suit, and the right of appeal had to be balanced against the plaintiff's right to determination without unreasonable delay.

p. 11
02

Whether the applicant, a non-party, was entitled to the orders sought

Holding

Not entitled, having failed in his joinder application

Reasoning

The court observed that the petition by Juma Okumu had been consolidated with the suit only for purposes of arguing the recusal application, which had been determined. Since his application to be enjoined was dismissed, he was not a party and could not obtain stay orders in the suit.

p. 10

Legal principles established

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  • Whether to grant a stay of proceedings pending appeal is a judicial discretion exercised in the interest of justice, weighing the pros and cons, the need for expeditious disposal, whether the intended appeal is arguable, the scarcity of judicial time and the expeditiousness of the application
  • Allegations of bias against a judge must be substantiated with cogent evidence, not mere allegations
  • A non-party whose application for joinder has been dismissed is not entitled to stay orders in the suit

Court orders

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  1. 1.The application dated 17th July 2025 seeking stay of proceedings and suspension of delivery of judgment is dismissed
  2. 2.Costs of the application awarded to the respondents
On appeal from
null
null
Jurisdiction invoked
Inherent discretion of the Environment and Land Court to stay proceedings pending appeal; applicant invoked Section 16 of the Environment and Land Court Act and Articles 48, 50(1) and 159 of the Constitution

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, "Omar & another v Kulei & 4 others (Environment and Land Case E033 of 2023) [2025] KEELC 5751 (KLR)", Case Analysis (2025). Nakuru Environment and Land Court Case No. E033 of 2023 (Application dated 17th July 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5751/eng@2025-07-31

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