Gitau v Kingorani Investment Limited (Environment and Land Case E015 of 2025) [2026] KEELC 3152 (KLR)
The bottom line
#A Kenyan land court judge stepped aside for peace of mind, even while finding no actual evidence of bias against the litigant who asked.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant established grounds warranting recusal of the Court
The Court found no cogent or objective grounds of actual bias or real possibility of bias, but recused itself in the peculiar circumstances to preserve the perception of impartial justice.
The Court held that the direction to hear the Preliminary Objection first was a lawful judicial determination grounded on the principle that jurisdictional issues are decided at the earliest opportunity. The alleged delay was not linked to any improper motive, and no nexus was shown between the remarks attributed to the Defendant's counsel and the Court's conduct. The Applicant's apprehension was subjective, founded on dissatisfaction with procedural directions. Nevertheless, given the litigant's deep apprehension, the Court invoked the principle that justice must be seen to be done.
Legal principles established
#- The test for recusal is whether a fair-minded and informed observer, having considered the facts, would conclude there was a real possibility of bias
- Judges have a duty to sit and hear matters allocated to them unless compelling and objective reasons are demonstrated
- Recusal may nonetheless be ordered in the interests of justice to safeguard the appearance of impartiality even where actual bias is not established
Court orders
#- 1.This Court recuses itself from the further conduct of this matter
- 2.The file shall forthwith be placed before the Presiding Judge of the Environment and Land Court at Milimani for re-allocation to another Judge for further directions and disposal
- Jurisdiction invoked
- Articles 10(2)(b), 48, 50 and 159 of the Constitution of Kenya; Sections 1A, 1B and 3A of the Civil Procedure Act; Judicial Service (Code of Conduct and Ethics) Regulations, 2020
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Gitau v Kingorani Investment Limited (Environment and Land Case E015 of 2025) [2026] KEELC 3152 (KLR)", Case Analysis (2026). Not stated in the judgment (Environment and Land Court suit, Milimani). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3152/eng@2026-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.