DAVID OSCAR OWAKO V. CHEMILIL SUGAR CO LTD, KIBOS SUGAR CO LTD, MUHORONI SUGAR CO LTD (IN RECEIVERSHIP), JOSEPH KENY]ON BEHALF OF DANIEL LELEI ]KAMALAMBEI SIMON SERONY]SOCIETY, JOSEPH CHEPSIROR ]ON BEHALF OF DAVID KIMELI ] TUWAPSUL STEVEN YEGO ] SOCIETY, WILLIAM LANGA'T J ON BEHALF OF DAVID BOFN MUSA J BARMARENG SOCIETY, KAMALAMBU FARMERS CO. LTD & KARATILI FARMERS CO. LTD

RULING OF THE COURT

On 25^th July 2017, the High Court at Kisumu, (Majanja. J.), dismissed with costs an application by the applicant, David Oscar Owako, in which the applicant had applied for recusal of the learned judge. The applicant, who actsin propria persona, as he did in the court below, filed a notice of appeal on 2^nd August 2017 and followed it up with the application now before us, in which heseeks an order for stay of proceedings in the High Court, pending the filing,hearing and determination of his intended appeal.

Before the hearing of the application, we drew the attention of the applicant to the evident fact, which is in the public domain, that Majanja, J. is no longer based at the High Court in Kisumu and that there appeared to be no compelling reason why his suit should not proceed to hearing before the judges now in Kisumu, against whom he had not raised any objection. However, the applicant was adamant on proceeding.with this application., rather than pursue the hearin…