Uasin Gishu Tenants Association v County Government of Uasin Gishu & another [2022] KEELC 1683 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Res judicata
The injunction application was res judicata as it sought reliefs similar to those rejected in the ruling of 6th May, 2020
The Applicant sought the same injunction relief previously sought and rejected in the application that produced the 25th January, 2019 and 6th May, 2020 rulings. The parties and relief were the same, so the doctrine barred the fresh application.
Prima facie case for injunction
No prima facie case with probability of success; tenants were in arrears exceeding Kshs 40,000,000 and the tenancy agreement allowed repossession for unpaid rent
The tenants had agreed to vacate by 15th September 2019, had not paid rent or arrears, and clause 2 of the tenancy agreement allowed the landlord to repossess if rent remained unpaid for 14 days. No evidence of payment was shown, so no injunction could issue.
Contempt of court
Contempt not proved; the headcount and assessment exercise did not breach the status quo order
Although the Respondents' counsel knew of the status quo order, contempt must be proved beyond reasonable doubt. The events of 16th April, 2021 were a lawful headcount and house assessment, not an eviction, and only one uncooperative tenant was affected. The status quo order did not bar a headcount.
Procedural regularity of affidavits
Two affidavits filed without leave were expunged from the record
Supplementary affidavits require leave of the Court. Having been filed without leave, the affidavits of 5th July, 2021 and 25th October 2021 were struck out.
Legal principles established
#- Elements of contempt must be proved beyond reasonable doubt: a valid order, service or awareness, and deliberate disobedience
- Filing a multiplicity of cases seeking similar reliefs amounts to abuse of court process
Court orders
#- 1.The first application (dated 16th November, 2020) is dismissed with costs to the Respondents
- 2.The affidavits sworn on 5th July, 2021 and 25th October 2021 are expunged from the record for want of leave
- 3.The second application (dated 19th April, 2021) for contempt is dismissed with costs to the Respondents
- Jurisdiction invoked
- Environment and Land Court jurisdiction over the estate/tenancy disputes (not expressly stated in the judgment)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Uasin Gishu Tenants Association v County Government of Uasin Gishu & another [2022] KEELC 1683 (KLR)", Case Analysis (2022). Eldoret ELC (case number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/1683/eng@2022-02-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.