R U L I N G
Mr. Wamalwa who appears for the respondent with Mr. Kilonzo has raised an objection to my hearing this application on the ground that I was one of the Judges in the appeal lodged by him on behalf of the respondent against the applicant and the Court ruled against him by dismissing the appeal. That was the case of James G.K. Njoroge v. Kenya Shell Limited, (Civil Appeal No. 223 of 1998), (unreported). Mr. Wamalwa is apprehensive that having decided that appeal contrary to his urgings he would not get a fair hearing either from Kwach and Tunoi, JJ.A or from me.
I overruled Mr. Wamalwa's objection and stated that I would incorporate my reasons for overruling him in this ruling. I do so now. The function of a court or any quasi-judicial tribunal is to decide the matter before it in accordance with the applicable law and procedure and on the issues raised. Just because a court's decision is against a particular litigant he cannot ordinarily even in a related matter ask the judiciā¦