Case ID:170824

Parties: None

Date Delivered: None

Case Type: None

Court: None

Judges: None

Citation: None


Musa Ndaliro Muchelule & 5 others V National Land Commission & 2 others [2020] eKLR

Case Metadata

Case Number:

Petition 5 of 1999 (Formerly Kakamega 5 of 2018)

Parties:

Musa Ndaliro Muchelule & 5 others v National Land Commission & 2 others

Date Delivered:

06 Jan 2020

Case Class:

Civil

Court:

Environment and Land Court at Bungoma

Case Action:

Ruling

Judge(s):

Boaz Nathan Olao

Citation:

Musa Ndaliro Muchelule & 5 others V National Land Commission & 2 others [2020] eKLR

Court Division:

Environment and Land

County:

Bungoma

Case Outcome:

Petition allowed

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT

AT BUNGOMA

PETITION NO. 5 OF 1999

FORMERLY KAKAMEGA 5 OF 2018

MUSA NDALIRO MUCHELULE & 5 OTHERS.................................................PETITIONERS

VERSUS

NATIONAL LAND COMMISSION & 2 OTHERS............................................RESPONDENTS

R U L I N G

This Petition was transferred from

KAKAMEGA ELC

by

HON MATHEKA J

following an application by Counsel for the Petitioners that the Judge recuses herself.

It was placed before me on 8

th

October 2019 when I directed that it be mentioned on 14

th

November 2019 for further directions because I wasn’t going to be available on 4

th

November 2019 as directed by

MATHEKA J

.

On 4

th

November 2019

MR IMBENZI

for Petitioner appeared before the Deputy Registrar

HON MWENDA

and requested that this is

“a very sensitive matter”

and sought its transfer to

ELDORET ELC

. The Petitioners nonetheless went to the Registry and took a hearing date of 4

th

February 2020.

The Petitioners have the right to be heard by an independent and impartial Court as provided by

Article 50 of the Constitution

. They appear to doubt the impartiality of

MATHEKA J

. They also think that I cannot handle

“a very sensitive matter”

and should perhaps consider a career in the priesthood!! I don’t know if that is a compliment.

However, as requested by Counsel for the Petitioners, this Petition is hereby transferred to

ELDORET ELC

where it shall be mentioned on 20

th

January 2020 for further directions as to hearing.

The Deputy Registrar to notify the parties accordingly.

Boaz N. Olao.

J U D G E

6

th

January 2020.

Meta Info:

{'Case Number:': 'Petition 5 of 1999 (Formerly Kakamega 5 of 2018)', 'Parties:': 'Musa Ndaliro Muchelule & 5 others v National Land Commission & 2 others', 'Date Delivered:': '06 Jan 2020', 'Case Class:': 'Civil', 'Court:': 'Environment and Land Court at Bungoma', 'Case Action:': 'Ruling', 'Judge(s):': 'Boaz Nathan Olao', 'Citation:': 'Musa Ndaliro Muchelule & 5 others V National Land Commission & 2 others [2020] eKLR', 'Court Division:': 'Environment and Land', 'County:': 'Bungoma', 'Case Outcome:': 'Petition allowed', 'Disclaimer:': 'The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information'}