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ELCDismissedELC Case (application dated 11th June, 2025) - not fully stated in judgment· [2026] KEELC 1388 (KLR)

Langat & 142 others v Egerton University & 5 others (Environment and Land Case E001 of 2025) [2026] KEELC 1388 (KLR)

Environment and Land Court
10 March 2026
MOM. A. Odeny
1,476 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Environment and Land Court in Nakuru dismissed a bid to have the judge step aside, ruling that distant relationships and unsupported suspicion do not prove judicial bias.

What this practically means

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Executive summary

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This ruling of the Environment and Land Court at Nakuru (M. A. Odeny, J) determines a notice of application dated 11th June 2025 by the Plaintiffs/Applicants seeking the recusal of the trial judge from hearing the matter, its reassignment to another court in the division, and costs. The Applicants deponed that the matter had been allocated for hearing of an application dated 16th January 2025, with ruling scheduled for 26th June 2025, but that they had discovered the presiding Judge is a relative of Dr. Odeny Cyprian Agumba, a lecturer at the 1st Defendant's institution (Egerton University). Counsel argued this created a real or perceived bias contrary to Article 50 of the Constitution and the Judicial Service Code of Conduct and Ethics Regulations, 2020, relying on Tunoi, Judges and Magistrates Vetting Board, Kalpana Rawal and Republic v Mwalulu. The court framed a single issue: whether the Applicants met the threshold for recusal. It applied the objective 'reasonable apprehension of bias' test as articulated in the South African SARFU decision and adopted in Anyang' Nyong'o, and the 'duty to sit' principle from Gladys Boss Sholei, warning against forum shopping. It held the alleged relationship far-fetched: the related lecturer holds no management position and the Applicants proved no connection between him and the case; judges should not recuse on flimsy and baseless allegations. The application was dismissed with costs to the respondents.

Key legal issues

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Whether the Applicants met the threshold for recusal on the ground that the judge is allegedly related to a lecturer employed by the 1st Defendant

Holding

The application failed; a distant relationship to a mere lecturer who holds no management position and is unconnected to the case does not ground a reasonable apprehension of bias

Reasoning

The court applied the objective reasonable apprehension of bias test from SARFU and Anyang' Nyong'o, and the duty-to-sit principle from Gladys Boss Sholei. It found the alleged relationship far-fetched: the related person is neither Vice Chancellor nor in management, and the Applicants proved no connection between him and the case. Recusal on flimsy, baseless allegations would hinder the administration of justice and invite forum shopping.

p. 3

Legal principles established

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  • An application for recusal cannot be made on imagined or flimsy reasons of perceived bias, and recusal must not be used for forum shopping
  • The objective test of reasonable apprehension of bias applies: would a reasonable, fair-minded and informed member of the public apprehend that the judge will not act impartially?
  • A judge has a concomitant duty to sit absent valid reasons for recusal
  • Mere allegations without tangible evidence are insufficient to justify recusal

Court orders

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  1. 1.The application dated 11th June, 2025 is dismissed
  2. 2.Costs of the application awarded to the respondents
Jurisdiction invoked
Original jurisdiction of the Environment and Land Court over an interlocutory application; Article 50 of the Constitution invoked on fair hearing

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Langat & 142 others v Egerton University & 5 others (Environment and Land Case E001 of 2025) [2026] KEELC 1388 (KLR)", Case Analysis (2026). ELC Case (application dated 11th June, 2025) - not fully stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1388/eng@2026-03-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.