Monica Katuku Munyao & 1 other v George Kimotho Ileve

Munyao & another (Suing on Their Own Behalf and as the Administrators of the Estate of the Late Cyrus Muithi Ndana alias Cyrus Muithi Ndawa) v Ileve (Civil Appeal E126 of 2023) [2025] KEHC 16657 (KLR) (14 November 2025) (Ruling) Neutral citation: [2025] KEHC 16657 (KLR) REPUBLIC OF KENYA IN THE HIGH COURT AT THIKA CIVIL APPEAL E126 OF 2023 BM MUSYOKI, J NOVEMBER 14, 2025 BETWEEN MONICA KATUKU MUNYAO ....................................................... 1ST APPELLANT PATRICK NDANA MILELWE ........................................................ 2ND APPELLANT SUING ON THEIR OWN BEHALF AND AS THE ADMINISTRATORS OF THE ESTATE OF THE LATE CYRUS MUITHI NDANA ALIAS CYRUS MUITHI NDAWA AND GEORGE KIMOTHO ILEVE .............................................................. RESPONDENT (Being an appeal from part of judgment and decree of the Chief Magistrate’s Court at Thika (Hon. O.M. Wanyaga SRM) civil suit number 389 of 2019 dated 30th May 2022) RULING 1. When this matter came before me for confirmation of filing of submissions, I inadvertently did not give much attention to the details of the parties. However, as I was beginning to write the judgment, I discovered that the respondent herein was my client in my earlier life as a practising advocate. I represented him in two matters viz Mavoko Cmcc number 344 of 2019 which I handled to its conclusion and Thika Cmcc number 66 of 2019 whose cause of action was the same accident as in this matter although I did not handle the same to conclusion. During the time of engagement with him in the said matters, the respondent became personally known to me. 2. In view of the above, I do believe that whichever way I decide this appeal, justice will not be seen to be done and for that reason, I hereby recuse myself from handling this matter. https://new.kenyalaw.org/akn/ke/judgment/kehc/2025/16657/eng@2025-11-14 1

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