Hillary Chongwony v County Government of Bungoma [2021] KEELRC 830 (KLR)
The bottom line
#A former Bungoma Deputy Governor's Kshs 5.4 million housing claim could not be decided without trial because evidence like leases and receipts must be tested in court.
What this practically means
#Executive summary
#Key legal issues
#Whether the Memorandum of Defence should be struck out for disclosing no reasonable defence
The application failed because the Defence raised a triable issue as to whether the County Government had housed the Claimant at Webuye Guest House
The County Government had pleaded in its Defence that it facilitated the Claimant's housing at Webuye Guest House. The Claimant argued no evidence of such facilitation was exhibited. The Court held that proving or disproving such facilitation would require the production and proof of facts such as leases and payment receipts, which can only be resolved at trial, not on a striking-out application. The Court therefore declined to strike out the Defence and gave pre-trial directions instead.
Whether summary judgment could be entered for the Claimant
Judgment was not entered; the matter was directed to trial with pre-trial timelines
The Claimant sought judgment of Kshs 5,400,000/- with costs and interest. The Court found a triable issue existed and that the Cause had not yet gone through pre-trial, and accordingly gave directions for filing of witness statements and documents, and Agreed Issues, before trial, transferring the file to Bungoma.
Legal principles established
#- A defence which requires the production and proof of facts, such as leases and payment receipts, raises a triable issue and should not be struck out
Court orders
#- 1.The Cause to proceed to trial as the Defence raises a triable issue
- 2.The Respondent to file and serve witness statements and documents on or before 29 October 2021
- 3.The parties to file Agreed Issues on or before 30 November 2021
- 4.In default of agreement, the Claimant's Proposed Issues to be adopted as the trial Issues
- 5.The Cause transferred to the Court in Bungoma (the Deputy Registrar to transmit the file forthwith)
- 6.Costs in the cause
- Jurisdiction invoked
- Employment and Labour Relations Court jurisdiction over a claim by a former Deputy Governor for breach of contract (unpaid housing benefit); originating cause filed 19 December 2019
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- County Government of Kirinyaga & another v Njagi (Employment and Labour Relations Appeal E034 of 2024) [2025] KEELRC 2428 (KLR)[2025] KEELRC 2428 (KLR)12 Sept 2025followed
Cite this brief
#Cite this brief
Caselaw, "Hillary Chongwony v County Government of Bungoma [2021] KEELRC 830 (KLR)", Case Analysis (2021). Cause No 14 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/830/eng@2021-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.