[2014] KEHC 6183 (KLR)
The court found that the petitioners had failed to comply with the previous order requiring them to vacate the staff houses at Mathari Hospital by 30th March 2014. Their application for review was dismissed, and there was no stay of execution in place. Consequently, the respondents are entitled to enforce the...
Source-derived case information.
- Citation
- [2014] KEHC 6183 (KLR)
- Parties
- Applicant: Richard Were; Applicant: Silphia Okeyo; Applicant: Benta Akoth Olweny; Applicant: Margaret Kwamboka Ogeka; Applicant: Patrick Mwaniki; Applicant: Mary Njoki; Applicant: Lydia Wanjiku; Applicant: Jane M. Nyaga; Applicant: Anastasia Munee; Applicant: Leonard G. Mungai; Applicant: Edward Busuru; Applicant: Peter Ndiku; Respondent: Permanent Secretary, Ministry of Health; Respondent: Permanent Secretary, Ministry of Medical Services; Respondent: Permanent Secretary, Ministry of Housing; Respondent: Attorney General
- Court
- High Court
- Court Station
- High Court at Nairobi (Milimani Law Courts)
- Jurisdiction
- Kenya
- Case Number
- Petition 568 of 2012
- Procedural Posture
- Constitutional Petition / Ruling on Enforcement of Eviction Orders
- Outcome
- Respondents granted liberty to evict petitioners after seven-day notice.
- Judges
- DAS Majanja
- Legal Topics
- Right to Housing, Eviction Procedure, Enforcement of Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Richard Were
Applicant
Silphia Okeyo
Applicant
Benta Akoth Olweny
Applicant
Margaret Kwamboka Ogeka
Applicant
Patrick Mwaniki
Applicant
Mary Njoki
Applicant
Lydia Wanjiku
Applicant
Jane M. Nyaga
Applicant
Anastasia Munee
Applicant
Leonard G. Mungai
Applicant
Edward Busuru
Applicant
Peter Ndiku
Applicant
Permanent Secretary, Ministry of Health
Respondent
Permanent Secretary, Ministry of Medical Services
Respondent
Permanent Secretary, Ministry of Housing
Respondent
Attorney General
Respondent
Procedural Posture
Constitutional Petition / Ruling on Enforcement of Eviction Orders
Legal Issues
- 1 Whether the respondents are entitled to evict the petitioners from staff houses at Mathari Hospital after expiry of the court-ordered deadline.
- 2 Whether the petitioners are entitled to remain in occupation pending further orders.
Ratio Decidendi
The court found that the petitioners had failed to comply with the previous order requiring them to vacate the staff houses at Mathari Hospital by 30th March 2014. Their application for review was dismissed, and there was no stay of execution in place. Consequently, the respondents are entitled to enforce the eviction. However, the court directed that each petitioner must be given a seven-day written notice to vacate voluntarily before forcible eviction can proceed, in line with principles of fairness and due process.
Court Disposition
Respondents granted liberty to evict petitioners after seven-day notice.
Orders
- Respondents are at liberty to evict the petitioners from the staff houses at Mathari Hospital.
- Each petitioner shall be given a seven-day written notice to vacate voluntarily.
Full Case Text
Judgment text and source record
31 paragraphs
IN THE HIGH COURT AT NAIROBI
MILIMANI LAW COURTS
CONSTITUTIONAL AND HUMAN RIGHTS DIVISION
PETITION NO. 568 OF 2012
BETWEEN
RICHARD WERE ............................................... 1ST PETITIONER
SILPHIA OKEYO ……….................................. 2ND PETITIONER
BENTA AKOTH OLWENY ............................... 3RD PETITIONER
MARGARET KWAMBOKA OGEKA ............... 4TH PETITIONER
PATRICK MWANIKI …..................................... 5TH PETITIONER
MARY NJOKI .................................................... 6TH PETITIONER
LYDIA WANJIKU ….......................................... 7TH PETITIONER
JANE M. NYAGA ............................................... 8TH PETITIONER
ANASTASIA MUNEE ........................................ 9TH PETITIONER
LEONARD G. MUNGAI ................................... 10TH PETITIONER
EDWARD BUSURU ......................................... 11TH PETITIONER
PETER NDIKU …............................................. 12TH PETITIONER
AND
PERMANENT SECRETARY
MINISTRY OF HEALTH ................................. 1ST RESPONDENT
PERMANENT SECRETARY
MINISTRY OF MEDICAL SERVICES .......... 2ND RESPONDENT
PERMANENT SECRETARY
MINISTRY OF HOUSING ............................. 3RD RESPONDENT
THE ATTORNEY GENERAL .......................... 4TH RESPONDENT
RULING NO. 4
On 11th February 2014, I gave the petitioners until 30th March 2014 to vacate the houses at Mathari Hospital. Today is 31st March 2014 and the petitioners are yet to vacate the houses. Their application for review was dismissed on 26th March 2014 and there is no stay in the matter.
In the circumstances the respondents shall be at liberty to evict the petitioners from the staff houses at Mathari Hospital. However, each of the petitioners shall be given a 7 day written notice to vacate the house voluntarily. In default the respondents may proceed accordingly.
DATED and DELIVERED at NAIROBI this 31st day of March 2014
D.S. MAJANJA
JUDGE