REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT MALINDI

ELC NO. 120 OF 2011

(Formerly NAIROBI HCCC 1012 OF 1998)

JOYCE NYOKABI (Administrator of David Kamau Mwangi)...................1^ST PLAINTIFF

TIMOTHY CHEGE......................................................................................2^ND PLAINTIFF

-VERSUS-

COMMISSIONER OF LANDS.................................................................1^ST DEFENDANT

LAND REGISTRAR – KILIFI................................................................2^ND DEFENDANT

ATTORNEY GENERAL..........................................................................3^RD DEFENDANT

WILSON GACHANJA.............................................................................4^TH DEFENDANT

ALFRED CHRWON.................................................................................5^TH DEFENDANT

JAMES RAYMOND NJENGA.................................................................6^TH DEFENDANT

RULING

1.  By the Notice of Motion application dated 8^th April, 2021, the 1^st and 2^nd Defendants herein sought an order to the effect that the Environment and Land Court Judge at Malindi Hon. James Olola does recuse himself from hearing this matter.  The Plaintiffs had opposed the application and this court thereafter reserved the matter for a Ruling on 28^th October, 2021.

2.  As it turned out, the Judge whose recusal was sought herein was transferred to Nyeri Environment and Land Court effective 16^th September, 2021 and the Honourable Lady Justice (Dr) Milicent Odeny now sits at the Malindi Environment and Land Court.

3.  Having moved away from the Malindi ELC, I think the Motion dated 8^th April, 2021 has now been overtaken by events and there is no need to make a determination thereon.

4.  Accordingly I hereby direct that this file be transmitted back to the Malindi ELC court for hearing and determination of the application dated 15^th December, 2020 which was in the process of being heard when the application for recusal was made.

I make no order as to costs.

RULING DATED, SIGNED AND DELIVERED VIRTUALLY AT NYERI THIS 2ND DAY OF DECEMBER, 2021 VIA MICROSOFT TEAMS.

In the presence of:

Mr. Gachuna for the Plaintiffs

Mr. Nguyo for 1^st to 3^rd Defendants

Court assistant - Wario

........................

J. O. OLOLA

JUDGE