Omu v Kiso Ltd & 3 others (Environment and Land Case 3B of 2016) [2026] KEELC 3961 (KLR)

Omu v Kiso Ltd & 3 others (Environment and Land Case 3B of 2016) [2026] KEELC 3961 (KLR) (30 June 2026) (Ruling) Neutral citation: [2026] KEELC 3961 (KLR) REPUBLIC OF KENYA IN THE ENVIRONMENT AND LAND COURT AT MALINDI ENVIRONMENT AND LAND CASE 3B OF 2016 FM NJOROGE, J JUNE 30, 2026 BETWEEN AGGREY ANZALA OMU ......................................................................... PLAINTIFF AND KISO LTD & 3 OTHERS & 3 OTHERS & 3 OTHERS & 3 OTHERS & 3 OTHERS & 3 OTHERS & 3 OTHERS .................................................................. DEFENDANT RULING 1. When this matter came up on 17th December 2025, Mr. Mwanzia for the 4th defendant indicated he had filed an application dated 15th December 2025 seeking orders that I should recuse myself from hearing this matter and that the suit be transferred to any other judge of the Environment and Land Court for determination. 2. On 18th December 2025 the court perused the recusal motion dated 15th December 2025 and ordered that parties file submissions, and that they highlight those submissions on 12th February 2026. The application was scheduled for ruling on 28th May 2026 when the court could not deliver a ruling and the matter was then schedule for mention on 11th June 2026 for the setting of another ruling date. On 11th June 2026 Mr. Chelule indicated that he has withdrawn or applications and there is no need for Mr Mwanzia’s client’s recusal application, but Mr Mwanzia insisted on a ruling on the application. 3. This is a concluded matter. Vide a notice dated 5/3/2026 the application dated 5th February 2025 was withdrawn. The application in which the court was thought to be biased therefore no longer pends for determination. In this court’s consideration, the present applicant’s grievance only arose from his negative perception of the manner in which the court handled that application. The application which prompted the recusal application having been withdrawn, there is no good ground upon which the application dated 15th December 2025 can stand. 4. Consequently, I hereby dismiss the application dated 15th December 2025 with no orders as to costs. https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3961/eng@2026-06-30 1

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