Republic v Director of Land Adjudication & 4 others Ex parte Peter Munoru; Henry Kang’ethu & 4 others (Interested parties) [2021] KEELC 2295 (KLR)
- Court
- Environment & Land Court
- Case number
- 2295
- Citation
- [2021] KEELC 2295 (KLR)
- Decided
- 28 July 2021
Summary at a glance
TypeJudicial ReviewPostureApplication for Judicial Review Order of Prohibition and MandamusCoramE.C. CHERONO
The application is allowed for review under Order 45 Rule (1) (1) and 2(1) of the Civil Procedure Rules due to apparent error on the face of the record.
Facts
The Ex-parte Applicant claims that the court's decision on 01/09/2020, which he believes was unfair and biased, short-circuited the proceedings and prejudiced his case. He seeks a stay of further proceedings and the recusal of the presiding judge.
Issues
- Recusal of the presiding judge due to bias
- Review of the court's orders on 01/09/2020
Reasoning
The court finds the application suitable for review due to apparent error on the face of the record, but the fourth prayer in the second application is superfluous.
Outcome
The application is allowed for review.
Orders
- Recusal of the presiding judge
Remedies
- Stay of further proceedings
- Recusal of the presiding judge
Authorities cited
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