RULING OF THE COURT
On 25th 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 2nd 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…