Republic v Nairobi Metropolitan Services (NMS) & 5 others; Kaka Travellers Co-operative Savings and Credit Society Ltd (Ex parte Applicant); Metro Trans EA Ltd (Interested Party); Omurwa (Contemnor) (Judicial Review Application E131 of 2022) [2025] KEHC 16292 (KLR) (Judicial Review) (12 November 2025) (Ruling) Neutral citation: [2025] KEHC 16292 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT NAIROBI (MILIMANI LAW COURTS) JUDICIAL REVIEW JUDICIAL REVIEW APPLICATION E131 OF 2022 RE ABURILI, J NOVEMBER 12, 2025 BETWEEN REPUBLIC ................................................................................................. APPLICANT AND NAIROBI METROPOLITAN SERVICES (NMS) ....................... 1ST RESPONDENT THE DIRECTOR ROADS, PUBLIC WORKS & TRANSPORT, NMS ................................................................................................. 2ND RESPONDENT THE DIRECTOR OF ENFORCEMENT, NMSS ........................ 3RD RESPONDENT THE INSPECTOR GENERAL OF POLICE ............................... 4TH RESPONDENT THE DTO CENTRAL POLICE STATION ................................. 5TH RESPONDENT THE HON. ATTORNEY GENERAL .......................................... 6TH RESPONDENT AND KAKA TRAVELLERS CO-OPERATIVE SAVINGS AND CREDIT SOCIETY LTD ........................................................................................ EX PARTE APPLICANT AND METRO TRANS EA LTD ....................................................... INTERESTED PARTY AND ROSANA OSCAR OMURWA ............................................................. CONTEMNOR https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16292/eng@2025-11-12 1
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RULING 1. This matter is before court today for mitigation by the contemnor. However, the interested Party’s Counsel has filed an application dated 8/11/2025 seeking to have this court recuse itself from handling this matter. I agree that where such an application is made, the court should dispense with it before it can make any other move. 2. I however do not agree that during that period of hearing and determining the application for recusal of a Judge, a contemnor cannot purge the contempt as part of the mitigation, noting that there is no stay of purging of that contempt and the court, from Ndung’u J & Chigiti (S.C) dismissed all application filed by the contemnor seeking to set aside the contempt orders. 3. Additionally, an application for recusal of a Judge should never be used to divert the attention of the court from expeditious and just disposal of cases and therefore that application must, of necessity, be heard and determined expeditiously, noting that the applicant came to court under certificate of urgency and therefore there is no way it can now tell the court that it needs all the time, for the record, to file any subsequent documents or responses for the disposal of the application. That smacks of bad faith and an attempt to delay these proceedings. 4. Accordingly, in the circumstances, I make the following orders; 5. 1. That no other proceedings shall take place in this matter in this court until the application for recusal of the Judge dated 8/11/2025 and filed by the Interested Party are heard and determined. 2. The application dated 8/11/2025 shall be canvassed by way of written submissions. 3. That the exparte applicant is hereby granted 3 days of today to file and serve a replying affidavit to the application dated 8/11/2025. 4. That the applicant has seven (7) days of the date of service to file and serve a further affidavit if need arises, together with written submissions upon which, the Respondent/Exparte Applicant shall have 7 days of the date of service to file and serve a supplementary affidavit, if need arises, together with written submissions. 5. Mention on 2/12/2025 to fix a Ruling date on the application dated 8/11/2025. 6. This Ruling to be typed forthwith. I so order. DATED, SIGNED AND DELIVERED AT NAIROBI THIS 12TH DAY OF NOVEMBER, 2025 R.E. ABURILI JUDGE https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16292/eng@2025-11-12 2
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