' REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E.131 OF 2022
REPUBLIC…………………...…………………...…………………..……… APPLICANT
VERSUS
NAIROBI METROPOLITAN
SERVICES (NMS)..……………………………………………….....….1 ST RESPONDENT
THE DIRECTOR ROADS, PUBLIC WORKS
& TRANSPORT, NMS………………………………………………....2 ND RESPONDENT
THE DIRECTOR OF ENFORCEMENT, NMS………………….…..3 RD RESPONDENT
THE INSPECTOR GENERAL OF POLICE……………………..….4 TH RESPONDENT
THE DTO CENTRAL POLICE STATION……………………...….. 5 TH RESPONDENT
THE HON. ATTORNEY GENERAL…………………………...…….6 TH RESPONDENT
AND
METRO TRANS E.A LTD……………………………………..….INTERESTED PARTY
AND
KAKA TRAVELLERS CO-OPERATIVE SAVINGS
AND CREDIT SOCIETY LTD………..…….EX-PARTE APPLICANT/RESPONDENT
AND
ROSANA OSCAR OMURWA………………………………..CONTENOR/APPLICANT
RULING
This matter is before court today for mitigation by the contemnor. However, the interested Party’s Counsel has filed an application dated 8/11/2025 seeking to have this court recuse itself from handling this matter. I agree that where such an application is made, the court should dispense with it before it can make any other move.
I however do not agree that during that period of hearing and determining the application for recusal of a Judge, a contemnor cannot purge the contempt as part of the mitigation, noting that there is no stay of purging of that contempt and the court, from Ndung’u J & Chigiti (S.C) dismissed all application filed by the contemnor seeking to set aside the contempt orders.
Additionally, an application for recusal of a Judge should never be used to divert the attention of the court from expeditious and just disposal of cases and therefore that application must, of necessity, be heard and determined expeditiously, noting that the applicant came to court under certificate of urgency and therefore there is no way it can now tell the court that it needs all the time, for the record, to file any subsequent documents or responses for the disposal of the application. That smacks of bad faith and an attempt to delay these proceedings.
Accordingly, in the circumstances, I make the following orders;
That no other proceedings shall take place in this matter in this court until the application for recusal of the Judge dated 8/11/2025 and filed by the Interested Party are heard and determined.
The application dated 8/11/2025 shall be canvassed by way of written submissions.
That the exparte applicant is hereby granted 3 days of today to file and serve a replying affidavit to the application dated 8/11/2025.
That the applicant has seven (7) days of the date of service to file and serve a further affidavit if need arises, together with written submissions upon which, the Respondent/Exparte Applicant shall have 7 days of the date of service to file and serve a supplementary affidavit, if need arises, together with written submissions.
Mention on 2/12/2025 to fix a Ruling date on the application dated 8/11/2025.
This Ruling to be typed forthwith.
I so order.
Dated, Signed and Delivered at Nairobi this 12 th Day of November, 2025
R.E. ABURILI
JUDGE
'
IN THE HIGH COURT OF KENYA AT NAIROBI
JUDICIAL REVIEW DIVISION
JUDICAL REVIEW APPLICATION NO. E.131 OF 2022
REPUBLIC…………………...…………………...…………………..……… APPLICANT
VERSUS
NAIROBI METROPOLITAN
SERVICES (NMS)..……………………………………………….....….1 ST RESPONDENT
THE DIRECTOR ROADS, PUBLIC WORKS
& TRANSPORT, NMS………………………………………………....2 ND RESPONDENT
THE DIRECTOR OF ENFORCEMENT, NMS………………….…..3 RD RESPONDENT
THE INSPECTOR GENERAL OF POLICE……………………..….4 TH RESPONDENT
THE DTO CENTRAL POLICE STATION……………………...….. 5 TH RESPONDENT
THE HON. ATTORNEY GENERAL…………………………...…….6 TH RESPONDENT
AND
METRO TRANS E.A LTD……………………………………..….INTERESTED PARTY
AND
KAKA TRAVELLERS CO-OPERATIVE SAVINGS
AND CREDIT SOCIETY LTD………..…….EX-PARTE APPLICANT/RESPONDENT
AND
ROSANA OSCAR OMURWA………………………………..CONTENOR/APPLICANT
RULING
This matter is before court today for mitigation by the contemnor. However, the interested Party’s Counsel has filed an application dated 8/11/2025 seeking to have this court recuse itself from handling this matter. I agree that where such an application is made, the court should dispense with it before it can make any other move.
I however do not agree that during that period of hearing and determining the application for recusal of a Judge, a contemnor cannot purge the contempt as part of the mitigation, noting that there is no stay of purging of that contempt and the court, from Ndung’u J & Chigiti (S.C) dismissed all application filed by the contemnor seeking to set aside the contempt orders.
Additionally, an application for recusal of a Judge should never be used to divert the attention of the court from expeditious and just disposal of cases and therefore that application must, of necessity, be heard and determined expeditiously, noting that the applicant came to court under certificate of urgency and therefore there is no way it can now tell the court that it needs all the time, for the record, to file any subsequent documents or responses for the disposal of the application. That smacks of bad faith and an attempt to delay these proceedings.
Accordingly, in the circumstances, I make the following orders;
That no other proceedings shall take place in this matter in this court until the application for recusal of the Judge dated 8/11/2025 and filed by the Interested Party are heard and determined.
The application dated 8/11/2025 shall be canvassed by way of written submissions.
That the exparte applicant is hereby granted 3 days of today to file and serve a replying affidavit to the application dated 8/11/2025.
That the applicant has seven (7) days of the date of service to file and serve a further affidavit if need arises, together with written submissions upon which, the Respondent/Exparte Applicant shall have 7 days of the date of service to file and serve a supplementary affidavit, if need arises, together with written submissions.
Mention on 2/12/2025 to fix a Ruling date on the application dated 8/11/2025.
This Ruling to be typed forthwith.
I so order.
Dated, Signed and Delivered at Nairobi this 12 th Day of November, 2025
R.E. ABURILI
JUDGE
'