Abdi Abdullahi & Another v Mohamed Abdi & 2 Others

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT MERU ENVIRONMENT AND LAND CASE N0. 21 OF 2016 ABDI ABDULLAHI & ANOTHER …..................................1ST PLAINTIFFS VERSUS MOHAMED ABDI & 2 OTHERS.............................................DEFENDANTS RULING 1. This application is dated 25th August, 2016 and seeks orders:1. The Honourable Justice Njoroge now presiding herein be pleased to recuse himself from further handling the matter. 2. The matter be transferred to another court for hearing and determination. 3. Costs hereof be in the cause 2. The application is supported by the Affidavit of ABDI ABDULLAHI, and has the following grounds: (a) The Defendants have since the issuance of the last orders in Court been boasting that their Advocate on record is a friend of the Judge and shall obtain for them whatever orders they require. (b) The proceedings for the last time when the matter was before the Court tend to suggest bias in favour of the Defendants. 3. When the matter came up for exparte hearing on 30/09/2016, Mr. Ingutya informed the Court that he had just served Mr. Mutembei, the Defendants' Advocate. As the application concerned recusal of the Judge, Mr. Ingutya asked the Court to accord it priority over any other applications in the suit. 4. Mr. Mutembei who was present in Court intimated that he would file a Replying Affidavit . He asked the Court to give the application a priority hearing date. 5. I find that the prayer by Mr. Ingutya that the application be accorded priority over any other applications in the suit is meritorious. It is ordered as follows: 1. The Defendants do file their reply or replies within the next 5 days. 2. The application is to be heard interpartes on 12/09/2016. 3. Costs shall be in the cause.

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