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JudgmentJABAN MURUNGA VERSUS HERMAN MURUNGA AND OTHER2 min read

JABAN MURUNGA VERSUS HERMAN MURUNGA AND OTHER

High Court at Bungoma High Court · · Rose Ougo

REPUBLIC OF KENYA

IN THE HIGH COURT F KENYA AT BUNGOMA

SUCCESSION CAUSE NO. 64 OF 1998

IN THE MATTER OF THE ESTATE OF SKINYILI

LUSIKE  MULIA  DECEASED

AND

JABAN  WAFULA MURUNGA …… PETITIONER/ADMINISTRATOR

( DECEASED)

VERSUS

HERMAN  O MURUNGA ……………………………. RESPONDENT (DECEASED)

AND

CHRISANTUS  JUMA WAFULA ……APPLICANT /ADMINISTRATOR

VERSUS

WILLIAM WAMALWA WEKUNDA …………….….1ST  RESPONDENT

DONALD  OKUMU SIKUNYILI ……………………2ND RESPONDENT

RULING

  1. The Applicant, through his application dated  4.10.2024, seeks that this court recuse itself on the reasons stated in his supporting affidavit, which he briefly highlighted at the hearing of his application.  The application was opposed. 
  2. I have considered the oral submissions by the parties.  This matter has been in court for a long time.  The Applicant filed an application and this court gave a ruling.  The applicant states that this court is on trespasser of the law.   The applicant has failed to explain how this court is a trespasser of the law. From the applicant’s affidavit is apparent that the applicant is unhappy with the orders issued.  The applicant has a right to appeal against the said orders.
  3. Regulation 21 of the Judicial Service Code of Conduct and Ethics Regulation of 2020 states as follows:

1. A judge may recuse himself or herself in any proceedings in which his or her impartiality might reasonably be questioned where the judge— Recusal.

(a) Is a party to the proceedings;

(b) Was, or is a material witness in the matter in controversy;

(c) Has personal knowledge of disputed evidentiary facts concerning the proceedings;

(d) Has actual bias or prejudice concerning a party;

(e) Has a personal interest or is in a relationship with a person who has a personal interest in the outcome of the matter;

(f) Had previously acted as a counsel for a party in the same matter;

(g) Is precluded from hearing the matter on account of any other sufficient

(h) Or a member of the judge’s family has economic or other interest in the outcome of the matter in question.

(2) Recusal by a judge shall be based on specific grounds to be recorded in writing as part of the proceedings.

(3) A judge may not recuse himself or herself if—

(a) No other judge can deal with the case; or

(b) Because of urgent circumstances, failure to act could lead to a serious miscarriage of justice;

  1. In his affidavit, the applicant points out what are erroneous or wrong findings on the ruling delivered and the proceedings in court.  As a court, I have guided the applicant every time he has been in court with patience and being firm when necessary.  I have no prejudice against the applicant.
  2. Any pending application in the matter will be dealt with on a given date.  A decision or order made does not necessarily warrant or form the basis of the recusal of a judge.
  3. I find no merit in the application. The applicant is at liberty to prosecute his pending application/s and to appeal against any decision this court has made. The applicant has not made out a case for recusal and therefore, I dismiss his application with no order as to costs.

Dated, Signed and Delivered at BUNGOMA this 4th  day of April 2025

R.E. OUGO

JUDGE

In the presence of:

Applicant                                          - Absent

Benson Simiyu Wafula  

Wiliam Wamalwa Wekunda

Donald Okumu Sikunyuli

Wilkister                          -C/A

    JABAN MURUNGA VERSUS HERMAN MURUNGA AND OTHER JABAN MURUNGA VERSUS HERMAN MURUNGA AND OTHER