Osanjo v Managing Director, Kenya Ports Authority & 3 others
The bottom line
#Kenya's Court of Appeal refused to stop a former Kenya Ports Authority employee's eviction, ruling that employer-provided housing ends when employment ends.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The intended appeal is arguable because the applicant asserts that she was not accorded an opportunity to be heard and that the Judge accepted the respondent's version without a basis
The court recalled that an arguable appeal need not necessarily succeed. On the memorandum of appeal, the applicant alleged denial of a hearing and that the Judge wrongly accepted the respondent's version as gospel truth. Those grounds sufficed to show the appeal was not frivolous.
Whether the appeal would be rendered nugatory without the prohibitory orders
The appeal would not be rendered nugatory because the reliefs available, reinstatement not being in issue, are mainly compensatory and the benefit of housing runs with the terminated employment
The suit below was a judicial review application; the reliefs available under the Employment Act where reinstatement is not in issue are mainly compensatory, and the applicant herself sought damages. Following Makokha v Sagini, the housing benefit ended with the employment, so declining the orders would not render a successful appeal nugatory.
Legal principles established
#- An applicant under rule 5(2)(b) must demonstrate that the intended appeal is arguable and that it will be rendered nugatory if interim orders are declined
- An application misanchored on the Civil Procedure Act may be treated by the Court of Appeal as though made under rule 5(2)(b) of the Court of Appeal Rules
- The benefit of employer-provided housing runs with the employment and ends upon termination of the employment contract
Court orders
#- 1.The application is dismissed
- 2.No orders as to costs
- On appeal from
- Employment & Labour Relations Court
- Judicial Review Cause No. E004 of 2021
- Jurisdiction invoked
- Rule 5(2)(b) of the Court of Appeal Rules (application was brought under the Civil Procedure Act and Civil Procedure Rules but treated by the court as one under rule 5(2)(b))
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Osanjo v Managing Director, Kenya Ports Authority & 3 others", Case Analysis (2022). Civil Application E048 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1380/eng@2022-12-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.