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ELCDismissedELC LC E192 of 2023

Maisha Mabati Mills Limited v Farm Auto Spares Ltd & 2 others

Environment and Land Court
8 October 2026
3,617 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~14 min to read original · ~4 min brief

The bottom line

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Kenya's Environment and Land Court refused to step aside from a land dispute, ruling that disagreeing with a judge's earlier finding is not proof of bias.

What this practically means

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Executive summary

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The plaintiff, Maisha Mabati Mills Limited, moved by Notice of Motion dated 27th April 2026 seeking the recusal of Justice Oscar Angote from hearing the suit, and that the matter be placed before a different judge. The application was founded on paragraph 50 of a ruling delivered on 13th February 2025, in which the court, while considering an interlocutory injunction application, observed that where one party is unwilling to undertake reparcellation, the court should be slow to order that remedy absent exceptional circumstances. The plaintiff contended this amounted to a conclusive interlocutory finding on its claim, creating a reasonable apprehension of bias; it had already appealed in Civil Appeal No. E442 of 2025. The 1st defendant opposed, arguing the observations were obiter, made solely in assessing a prima facie case, and that the application was a timing-driven attempt to secure an adjournment that had been refused. The court framed a sole issue: whether it should recuse itself. Applying Articles 50(1), 160, 159(2)(a) and 25(c) of the Constitution, Regulation 9 and Rule 21 of the Judicial Service (Code of Conduct and Ethics) Regulations, 2020, and the Supreme Court authorities in Rai v Rai, Kibisu v Republic and Shollei v JSC, the court held that a finding perceived as erroneous or premature does not, without more, establish prejudgment; the appellate process is the proper remedy; recusal is fact-specific; and the unexplained one-year delay in bringing the motion weighed against the applicant. The court found no real possibility of bias and dismissed the motion with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.whether this court should recuse itself from hearing and determining this suit

Key legal issues

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01

Whether observations in an interlocutory ruling on reparcellation gave rise to a reasonable apprehension of bias warranting recusal

Holding

No. The observations were made in determining a prima facie case for an interlocutory injunction; disagreement with a finding, already under appeal, is not a basis for recusal.

Reasoning

The court applied the objective test from the Supreme Court and Court of Appeal precedents: allegations of bias must be factual and established, and the court cannot inquire into actual bias. A party dissatisfied with an adverse or allegedly premature finding must pursue the appellate process. No personal interest, relationship, prejudice or improper conduct was attributed to the Judge, and the timing of the motion undermined the claim of apprehension.

p. 15
02

The applicable test for judicial recusal

Holding

The test is objective: whether a reasonable, fair-minded and informed observer would apprehend a real possibility of bias, based on facts alleged and established.

Reasoning

Drawing on Rule 21 of the Judicial Service (Code of Conduct and Ethics) Regulations, 2020 and the authorities (Rai v Rai; Kibisu v Republic; Shollei v JSC), the court held that recusal requires circumstances in which impartiality might reasonably be questioned, and that the duty to sit means recusal should not be used to cripple a judge from hearing a matter.

p. 17

Legal principles established

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  • A finding perceived by a party as erroneous or premature does not, without more, establish that the court has prejudged the suit or is incapable of impartial determination; the appellate process is the remedy.
  • Recusal is a fact-specific inquiry; allegations of bias must be factual and objectively established, and dissatisfaction with a ruling cannot ground recusal.
  • Timing of a recusal application is relevant to assessing alleged apprehension of bias; unexplained delay, especially on the eve of a hearing, weighs against the applicant.

Court orders

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  1. 1.The Notice of Motion dated 27th April, 2026 is dismissed with costs

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Articles 47 and 50 of the Constitution; Sections 1A, 1B and 3A of the Civil Procedure Act, 2010; Order 51 Rule 1 of the Civil Procedure Rules

Relief refused

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Recusal of Hon. Justice Oscar Angote from hearing and determining the suit

A fair-minded and informed observer would not conclude there is a real possibility of bias; no objective basis for recusal established beyond disagreement with an interlocutory finding

p. 17

Direction that the matter be placed before a different Judge of the Environment and Land Court

The application was unmerited; the impugned observations were made in an interlocutory ruling and the grievance lies on appeal

p. 17

Costs

The Notice of Motion dated 27th April, 2026 is dismissed with costs (costs to the Defendants/Respondents).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Having considered the facts as a whole, the court finds that a fair-minded and informed observer would not conclude that there is a real possibility of bias. The Applicant has not established a sufficient basis for recusal.
p. 17Objective test for recusal not satisfied
In the end, the Notice of Motion dated 27 th April, 2026 is found to be unmerited and is dismissed with costs.
p. 17Final orders - dismissal
if every finding by a court perceived to be erroneous or adverse was sufficient to warrant recusal, a party dissatisfied with a judicial decision could effectively secure a change of Judge without establishing any objective basis for apprehending bias.
p. 15Recusal cannot be a substitute for appeal
Recusal remains a fact-specific inquiry. The outcome in Esevwe does not follow merely because a party objects to a finding made in an interlocutory ruling.
p. 16Distinguishing Esevwe

Issues in the judgment

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minor

Motion dated '27th April, 2026' but ruling challenged was delivered 13th February 2025 and appeal is Civil Appeal No. E442 of 2025; dates appear internally inconsistent with case number E192 of 2023.

minor

Inconsistent naming of the code of conduct instrument: 'Judicial Service Code of Conduct and Ethics' versus 'Judicial Service (Code of Conduct and Ethics) Regulations, 2020'.

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, "Maisha Mabati Mills Limited v Farm Auto Spares Ltd & 2 others", Case Analysis (2026). ELC LC E192 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/6253/eng@2026-10-08

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