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ELCOtherEnvironment and Land Case 502 of 2017· [2025] KEELC 8272 (KLR)
Mundia v Wanjohi & 3 others (Environment and Land Case 502 of 2017) (27 November 2025) (Directions) [2025] KEELC 8272 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This is a short set of directions, not a full judgment, issued by L. Komingoi, J in a long-running land case at the Environment and Land Court in Kajiado. The 1st Defendant, Isaac Gathungu Wanjohi, filed a Notice of Motion dated 4th April 2025 seeking the Judge's recusal from further handling of the matter. The Judge noted that the 1st Defendant had already made two similar recusal applications before the Judges who previously handled the matter. On the merits, the court found that the applicant had not demonstrated any justifiable grounds warranting recusal. However, because the Judge was on transfer, he considered it appropriate to let the incoming Judge handle the matter rather than deliver a considered ruling. The court therefore held it unnecessary to render a detailed decision, and directed that the incoming Honourable Judge would give directions on the way forward. The directions were delivered virtually on 27th November 2025, with counsel for the plaintiff, 1st Defendant and 2nd and 3rd Defendants present; the 4th Defendant was not represented. No costs order was made. The substance of the recusal application was thus left unresolved on its merits, and the file moves to a new Judge for further directions.
Key legal issues
#01
Whether recusal was warranted
Holding
No justifiable grounds were demonstrated, but the matter was left to the incoming Judge owing to the presiding Judge's transfer
Reasoning
The court noted the 1st Defendant had made two similar recusal applications before Judges who previously handled the matter. It found no justifiable grounds established. Nonetheless, as the presiding Judge was on transfer, it considered it appropriate not to deliver a considered ruling and to let the incoming Judge handle the matter and give directions.
p. 1
Legal principles established
#- A party seeking recusal must demonstrate justifiable grounds
Court orders
#- 1.The Judge will not handle the matter further owing to his transfer, leaving it to the incoming Judge
- 2.The incoming Honourable Judge shall give directions on the way forward
- Jurisdiction invoked
- Environment and Land Court jurisdiction over Environment and Land Case 502 of 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mundia v Wanjohi & 3 others (Environment and Land Case 502 of 2017) (27 November 2025) (Directions) [2025] KEELC 8272 (KLR)", Case Analysis (2025). Environment and Land Case 502 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/8272/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.