The Nakuru Law Courts.
A Nakuru judge has declined to recuse himself from a land case involving former aide to the late President Daniel arap Moi, Mr Joshua Kulei.
Mr Kulei is embroiled in a 50-acre land ownership dispute with two individuals who also lay claim to the property.
Justice Anthony Ombwayo of the Nakuru Environment and Land Court dismissed an application filed by activist Juma Okumu seeking his recusal over allegations of bias and gross misconduct. The judge's decision paves the way for the final determination of the case, which is pending judgment.
In his ruling, Justice Ombwayo stated that the applicant had failed to demonstrate any proof of bias or breach of integrity that would warrant his withdrawal from the case.
Mr Okumu’s application, filed on March 12, 2025, sought to remove the judge from a case where Patrick Wakanda and Omar Mohamed Omar have sued Mr Kulei, his company Sian Enterprises, the Nakuru Chief Land Registrar and the Agricultural Development Corporation (ADC) over ownership of a parcel of land in Nakuru.
The parcel in question, registered as Land Reference Number 13287/99, is alleged to be public property.
An aerial view of Nessuit centre in Eastern Mau, Nakuru County. Women with disability have the right to inherit and own land.
Mr Kulei, the chairman of Sian Enterprises, claims to have acquired the land through former Cabinet Secretary the late Joseph Nkaissery, who allegedly purchased it from the ADC in 1996 for Sh60,015.63.
Sian Enterprises later agreed to buy the land for Sh5.5 million in March 1998, paid in two instalments on March 23 and July 23, 1998.
On the other hand, Mr Omar and Mr Wakanda claim they were allotted the land by the ADC following an application and compliance with terms in the letter of offer. Mr Omar testified in court in July 2023, stating that he and Mr Wakanda applied for the land on October 8, 1995 and were issued title deeds in 1996.
Mr Kulei told the court he was shocked to learn on January 19, 2024, that he had been dispossessed of the land after a fence around it was removed and a temporary house constructed.
The case had concluded and was awaiting judgment when Mr Okumu filed two applications—one seeking to be enjoined as a defendant and the other for the judge’s recusal.
Claiming to be a concerned Kenyan citizen interested in good governance, transparency and accountability, Mr Okumu argued that the land in dispute was public property and had been illegally registered in the names of private parties.
He also revealed that he had filed a separate case before the same court, suing the ADC for failing to protect public land.
In the recusal application, Mr Okumu argued that a previous ruling by the judge in a related constitutional petition had denied him the chance to cross-examine Mr. Omar, Mr Wakanda, and Mr Kulei—an action he termed a violation of the Constitution and a sign of bias.
He said there was reasonable suspicion that a fair trial could not be achieved in a case of such significant public interest involving the alleged illegal acquisition of public land.
“The conduct of the judge in the constitutional petition gives rise to the suspicion that he is not going to be impartial in the hearing and determination of a dispute that touches on illegal acquisition of public land,” stated Mr Okumu.
However, Justice Ombwayo ruled that Mr. Okumu had failed to present any concrete evidence of bias or partiality.
"This court should guard against being boxed into a corner of fear by an applicant who has no basis for seeking recusal but merely wants another judge to hear the case, which is pending judgment," the judge said.
