Son Hardware Limited v Development Bank of Kenya Limited & another (Environment & Land Case 10 of 2021) [2024] KEELC 4415 (KLR) (30 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 4415
- Citation
- [2024] KEELC 4415 (KLR)
- Decided
- 30 May 2024
Summary at a glance
TypeMotion to Recuse JudgePostureMotion to recuse Judge and remand to High CourtCoramMN GICHERU
The motion is dismissed as there is no merit in the allegations of bias and unfairness.
Facts
The plaintiff alleges that the judge has been biased and has conducted the proceedings unfairly, including harsh treatment of the plaintiff's advocate, rushed proceedings, and unfair rulings.
Issues
- Bias of the presiding judge
- Unfair and rushed proceedings
- Violation of procedural requirements
Reasoning
The court finds no reasonable apprehension of bias and the plaintiff has not complied with legal requirements.
Outcome
Motion dismissed
Orders
- Motion to recuse dismissed
- Remand to High Court for assignment of a different judge
Authorities cited
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