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Court of AppealDismissedCivil Application No. 175 of 2020· [2020] KECA 127 (KLR)

Stella Wambui Muhoro v Kenya Meat Commission [2020] KECA 127 (KLR)

Court of Appeal
4 December 2020
Mohamed Abdulahi WarsameM. WarsameFSF. SichaleSKS. ole Kantai
550 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal refused to protect a former employee's staff house because her housing rights ended when her job did.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nairobi (Warsame, Sichale and Kantai JJ.A) on a Notice of Motion dated 26th June 2020 brought under Rule 5(2)(b) of the Court of Appeal Rules by Stella Wambui Muhoro against Kenya Meat Commission. The applicant sought a temporary injunction restraining the respondent from victimizing, evicting, selling, transferring or interfering with her occupation of staff house number 32, Kunde Road, Lavington, pending an intended appeal against the judgment of the Employment and Labour Relations Court (Maureen Onyango J) delivered on 12th June 2020. The trial court had held that her right to housing ceased with termination of employment, dismissed her claim, and ordered her to vacate and pay outstanding rent. The applicant, declared redundant on 12th October 2014, argued the appeal was arguable and that it would be rendered nugatory without the orders, citing apprehension of eviction during the Covid pandemic lockdown. Applying the twin principles from Stanley Kangethe Kinyanjui vs. Tony Keter & 5 Others, the court held the intended appeal was not arguable because her entitlement to staff housing was subject to employment that had terminated by her own admission. Further, the nugatory limb failed as she continued to occupy the premises despite the 2014 termination. The application was dismissed with costs on 4th December 2020.

Key legal issues

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01

Whether the intended appeal was arguable

Holding

The intended appeal was not arguable because the applicant's entitlement to staff housing was tied to her employment, which terminated on 12th October 2014

Reasoning

The court, careful not to make a final determination on the merits of the intended appeal, found that the applicant's right to occupy the staff house was contingent on her employment. Since the applicant herself admitted that her employment ended on 12th October 2014, the trial court's finding that her right to housing ceased on termination could not be shown to be arguable on appeal.

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02

Whether the appeal would be rendered nugatory without the orders sought

Holding

The nugatory aspect was not demonstrated because the applicant, though terminated in 2014, continued to occupy the suit premises as a tenant

Reasoning

The second limb of the Rule 5(2)(b) test requires the applicant to show that the appeal, if successful, would be rendered nugatory unless the orders sought are granted. The court found that despite termination in 2014, the applicant still continued to occupy the premises, so withholding an injunction would not render any eventual success illusory.

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Legal principles established

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  • An applicant under Rule 5(2)(b) must satisfy the twin principles that the appeal is arguable and that it would be rendered nugatory unless the orders sought are granted

Court orders

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  1. 1.The application dated 26th June 2020 is dismissed with costs

Authorities

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Legislation

  • Court of Appeal RulesRule 5(2)(b)

Cases cited (1)

  • Stanley Kangethe Kinyanjui vs. Tony Keter & 5 Others
    [2013] eKLR
On appeal from
Employment and Labour Relations Court at Nairobi
ELRC No. 3 of 2019
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (4)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Stella Wambui Muhoro v Kenya Meat Commission [2020] KECA 127 (KLR)", Case Analysis (2020). Civil Application No. 175 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/127/eng@2020-12-04

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.