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.