Macharia & 13 others v Gichana & another (Petition E057 of 2022) [2022] KEELRC 12809 (KLR) (5 October 2022) (Ruling)

Summary at a glance

Facts

The petitioners are seeking the recusal of Judge Ma Onyango from hearing their petition due to bias towards the 1st respondent, Edward Ombwori Gichana. They also seek consolidation of their petition with two other pending petitions.

Issues

• Whether the petitioners have established a case to warrant the grant of orders in their application for recusal.
• Whether the present petition ought to be consolidated with ELRC Petition Nos E073 of 2021 and E160 of 2021 pending before Mbaru J.

Reasoning

The court found that the petitioners have not established a case to warrant the grant of orders in their application for recusal and that the present petition should not be consolidated with the other pending petitions.

Outcome

The petitioners' application is dismissed with costs.

Orders

• The petitioners' application is dismissed without merit.
• The present petition should not be consolidated with ELRC Petition Nos E073 of 2021 and E160 of 2021 pending before Mbaru J.

Authorities cited