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ELCDismissedRuling in the suit before the court (application dated 11/11/2025); related matter Kitale ELC No. 74 of 2018· [2026] KEELC 1276 (KLR)

Namisi v County Government of Trans Nzoia & 5 others (Environment and Land Case 79 of 2015) [2026] KEELC 1276 (KLR)

Environment and Land Court
4 March 2026
3,670 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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What this practically means

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Executive summary

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By an application dated 11/11/2025, the 4th defendant, Vipul Ratilal Dodhia, sought a stay of proceedings and the recusal of the court from hearing a land suit, alleging disparaging remarks, intimidation and support for the plaintiff's case, reliance on a prior Kitale ELC matter in which he was allegedly labelled a 'crook', and the existence of a Court of Appeal consent said to bind the court. A replying affidavit by advocate Karani O. Aggrey for the 1st and 2nd defendants echoed the allegations of apparent bias, citing Jasbir Singh Rai v Tarlochan Singh Rai. The plaintiff opposed the application as frivolous, belated and designed to delay a hearing date taken by consent, and to shop for a favourable judge. The court, presided over by C.K. Nzili J, set out the recusal framework under Rule 21 of the Judicial Service Code of Conduct & Ethics Regulations 2020 and applied the objective test of apprehension of bias in the mind of a reasonable, fair-minded and informed observer. It found the allegations unsupported: no impugned words were cited, no proceedings attached, no contemporaneous objection appeared on the record, and no formal application had been made on the alleged Court of Appeal consent, which was never placed before the court. The advocate deponent did not prove instructions, and the 4th defendant lacked authority to speak for other defendants. Drawing on Rawal v Judicial Service Commission, Dobbs v Triodos Bank NV and Tuff Bitumen Limited v SBM Bank, the court held that mere suspicion is insufficient and that a judge has a duty to sit. The application was dismissed with costs.

Key legal issues

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01

Grounds and test for judicial recusal

Holding

Recusal is discretionary and governed by Rule 21 of the Judicial Service Code of Conduct & Ethics Regulations 2020; the applicant must show a real likelihood of bias assessed through the eyes of a reasonable, fair-minded and informed observer, not mere suspicion.

Reasoning

The court traced the law from Rule 21 of the Code and the authorities including Jasbir Singh Rai v Tarlochan Singh Rai, Rawal v Judicial Service Commission and Attorney General v Professor Nyong'o, holding that apprehension of bias must be objectively reasonable and grounded in correct facts. Alleged disparaging remarks, losing a previous suit and unparticularized comments do not meet the threshold, particularly where no contemporaneous objection was recorded.

p. 6
02

Evidential foundation for a recusal application

Holding

The applicant failed to cite the impugned words, attach proceedings, or show any objection on the record; the deponents lacked proven instructions, undermining the affidavit's probative value.

Reasoning

The court examined its own record of the three hearings and found no objection by any defendant or counsel to the conduct of proceedings, no formal application founded on the alleged Court of Appeal consent, and no settlement agreement placed before it. The advocate deponent did not state who instructed him, and the 4th defendant purported to speak for other defendants without authority.

p. 5
03

Abuse of recusal applications as judge-shopping

Holding

Recusal applications filed late and with ulterior motives of selecting a favourable judicial officer are improper and will be refused.

Reasoning

Relying on Tuff Bitumen Limited v SBM Bank (Kenya) Limited and Dobbs v Triodos Bank NV, the court noted the danger that litigants would choose their judges by criticizing all others if recusal followed mere criticism. The application was filed on the eve of a consent-taken hearing date, over three months after the alleged events, supporting an inference of delay tactics in a 10-year-old suit.

p. 7

Legal principles established

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  • The test for recusal is the apprehension of bias in the mind of a reasonable, objective and informed observer based on correct facts, and a mere suspicion is insufficient.
  • A judge has a duty to sit and should not recuse merely because a litigant criticizes the court; recusal applications must not be used as tactical devices.
  • An affidavit sworn by an advocate or a co-defendant without instructions or authority from the party whose fair-hearing rights are engaged has weak probative value.

Court orders

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  1. 1.The application dated 11/11/2025 seeking stay of proceedings and recusal of the court is dismissed
  2. 2.Costs of the application to the plaintiff/respondent
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court; Rule 21 of the Judicial Service Code of Conduct & Ethics Regulations 2020; Articles 10, 27, 73(2)(b), 23, 50 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, "Namisi v County Government of Trans Nzoia & 5 others (Environment and Land Case 79 of 2015) [2026] KEELC 1276 (KLR)", Case Analysis (2026). Ruling in the suit before the court (application dated 11/11/2025); related matter Kitale ELC No. 74 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1276/eng@2026-03-04

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