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ELCDismissednot_stated_in_judgment· [2026] KEELC 3374 (KLR)

Shabeel Project Services Limited v Shabeel Project Services Limited & another (Enviromental and Land Originating Summons E068 of 2025) [2026] KEELC 3374 (KLR)

Environment and Land Court of Kenya (court and station not expressly named; delivered virtually at Nairobi)
4 June 2026
2,062 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
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The bottom line

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A Kenyan court refused to disqualify a judge, ruling that granting interim orders shows judicial discretion, not bias.

What this practically means

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Executive summary

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This ruling determines a notice of motion dated 6th December 2025 by the 2nd defendant seeking the recusal of Hon. Justice Mohammed N. Kullow from further proceedings and re-allocation of the file to another judge. The applicants complained that the judge issued ex parte orders on 23rd October 2025 which he allowed to subsist beyond 14 days contrary to legal provisions, and failed to vacate them despite the existence of orders in HCCRHR Petition E066 of 2024 (High Court, Mombasa) prohibiting interference with the applicants' property, conduct said to create a reasonable apprehension of bias. The plaintiff/respondent opposed, contending the application lacked objective and verifiable facts and that mere filing of a complaint with the Judicial Service Commission is no ground for recusal. The court framed a sole issue: whether the criteria for recusal had been met. It reviewed Regulation 21(1) of the Judicial Service (Code of Conduct and Ethics) Regulations 2020 and the objective test for disqualification drawn from R v David Makali, R v Jackson Mwalulu, Porter v Magill (adopted in Tunoi v JSC) and Jasbir Rai v Tarlochan Singh Rai, together with the 'duty to sit' principle from Oloololo Game Ranch and Gladys Boss Shollei. The court held that the grant and extension of interim orders is an exercise of judicial discretion, not evidence of bias; a dissatisfied party's remedy is set-aside or review, which the applicants did not pursue; and by its ruling of 8th December 2025 the court had discretion to determine the recusal application first. Actual or perceived bias was not demonstrated. The application was dismissed with costs to the respondents.

Key legal issues

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01

Whether the threshold for recusal was met

Holding

The application for recusal was dismissed; no actual or perceived bias was established from the issuance or extension of ex parte orders

Reasoning

The court applied the objective reasonable apprehension of bias test from R v David Makali, Jackson Mwalulu, Porter v Magill (via Tunoi) and Jasbir Rai, together with Regulation 21 of the Judicial Service (Code of Conduct and Ethics) Regulations 2020. Interim orders are discretionary and temporary; a dissatisfied party's remedy is set-aside or review, which the applicant did not pursue. The court had, by ruling of 8th December 2025, exercised discretion to determine the recusal application first. Actual or perceived bias was therefore not demonstrated.

p. 4

Legal principles established

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  • The grant of interim orders is an exercise of judicial discretion depending on the circumstances of each case and cannot be read as evidence of bias
  • The test for recusal is objective: whether there is a reasonable ground for assuming the possibility of bias likely to create in the mind of a reasonable, fair-minded and informed member of the public a reasonable doubt about the fairness of the administration of justice
  • A judge has a duty to sit absent valid grounds for recusal, to protect judicial independence against parties manoeuvring for strategic advantage

Court orders

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  1. 1.The notice of motion application dated 6th December 2025 seeking recusal is dismissed as without merit
  2. 2.Costs awarded to the Respondents
Jurisdiction invoked
Original jurisdiction over the suit and an interlocutory application for recusal; test drawn from the Judicial Service (Code of Conduct and Ethics) Regulations 2020, Regulation 21(1)

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, "Shabeel Project Services Limited v Shabeel Project Services Limited & another (Enviromental and Land Originating Summons E068 of 2025) [2026] KEELC 3374 (KLR)", Case Analysis (2026). not_stated_in_judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3374/eng@2026-06-04

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