Njiiri (Suing as legal representative and administrator of the Late Wilson Njiiri Gikonyo) v Wangui & 7 others

Njiiri (Suing as legal representative and adminstrator of the Late Wilson Njiiri Gikonyo) v Wangui & 7 others (Environment & Land Case 193 of 2014) [2022] KEELC 14796 (KLR) (15 November 2022) (Ruling) Neutral citation: [2022] KEELC 14796 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT NAKURU ENVIRONMENT & LAND CASE 193 OF 2014 FM NJOROGE, J NOVEMBER 15, 2022 BETWEEN DAVID GIKONYO NJIIRI ........................................................................ PLAINTIFF SUING AS LEGAL REPRESENTATIVE AND ADMINSTRATOR OF THE LATE WILSON NJIIRI GIKONYO AND RUTH MARY WANGUI & 7 OTHERS ............................................... DEFENDANT RULING 1. This is a ruling in respect of an application by the plainti dated September 21, 2022 in which he has sought a number of prayers among them an order that I recuse myself from any further dealing with the matter. I nd that I can only deal with the limb of the application seeking my recusal. The plainti seeks my recusal allegedly as a result of the manner in which this court handled his two applications dated August 18, 2021 and January 31, 2022 which were dismissed with costs to the defendants. I have considered the plainti’s application seeking my recusal from continuing to handle this suit. I have already pronounced myself extensively on the plainti’s conduct in my ruling delivered on July 14, 2022 and also on the procedure for recusal which I need not repeat here and in any event the applicant has lodged the present application. As the applicant has already expressed his crystallized opinion that he may not get justice if the matter proceeds before this court his application must be determined. Notwithstanding the fact that his apprehensions lack basis and are in my view quite incorrect, I nd that it is prudent to recuse myself from hearing this matter any further and I hereby do so recuse myself. I further direct that the le be placed before the Hon Justice A Ombwayo, ELC Court 1 Nakuru for further directions. DATED, SIGNED AND ISSUED AT NAKURU VIA ELECTRONIC MAIL ON THIS 15TH DAY OF NOVEMBER, 2022. https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/14796/eng@2022-11-15 1

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