Samwel K. Maiyo & 5 others v County of Uasin Gishu Government & 2 others [2014] KEELC 23 (KLR)
The bottom line
#The court nullified Uasin Gishu's 2013 rent increases because the county never consulted the public, and tenants overpaid are entitled to credits.
What this practically means
#Executive summary
#Key legal issues
#Effect of a prior declaration of nullity of the Finance Act, 2013 by a court of concurrent jurisdiction
The court declined to re-adjudicate the constitutionality of the Finance Act, 2013, holding that the issue was already decided in North Rift Motor Bike Taxi Association v Uasin Gishu County Government, where Justice Grace Ngenye-Macharia declared the Act unconstitutional, null and void
The court found that the Finance Act, 2013 had already been declared unconstitutional in Petition No. 3 of 2014 decided on 2 October 2014. Re-evaluating the same issues would effectively amount to sitting on appeal over a decision of a judge of concurrent jurisdiction, which the court would not do.
Consequences of nullification for rent payable by the petitioners
With the Finance Act, 2013 nullified, the interim order allowing continued residence on payment of new rent had to revert; rent payable remains that which was payable prior to the Act, and monies paid under the new rent are to be credited to the tenants
The court had on 16 September 2014 allowed petitioners to remain in the houses on payment of the new rent. Since the Finance Act was nullified, that interim arrangement could not stand; the position prevailing prior to the Act was restored and overpayments credited to the tenants.
Legal principles established
#- A court should not re-determine a matter already decided by a court of concurrent jurisdiction; the prior judgment binds the parties' rights under the impugned statute
- Upon nullification of a Finance Act, parties are to be restored to the position prevailing before its enactment, including crediting monies paid under the invalid charges
Court orders
#- 1.Declared that the issue whether the Finance Act, 2013 of Uasin Gishu County is unconstitutional has already been decided in Eldoret High Court Constitutional Petition No. 3 of 2014, North Rift Motor Bike Taxi Association v Uasin Gishu County Government
- 2.Noted that the Finance Act, 2013 has already been held unconstitutional, null and void in that decision
- 3.Ordered that parties be placed in the position they were in prior to enactment of the Finance Act, 2013, and any monies paid under the new rent be credited to the tenants; status quo prevailing before the Finance Act, 2013 be maintained as far as the petitioners are concerned
- 4.No orders as to costs
- Jurisdiction invoked
- Constitution of Kenya, 2010 – constitutional petition under Articles 1(1), 10(2)(a), 2(4) and related provisions
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Samwel K. Maiyo & 5 others v County of Uasin Gishu Government & 2 others [2014] KEELC 23 (KLR)", Case Analysis (2014). Constitutional Petition (Eldoret High Court) – rent increase challenge re Finance Bill No. 6 of 2013. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2014/23/eng@2014-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.