Republic v County Government of Kericho & another; Oduori & another (Exparte) (Judicial Review E002 of 2021) [2022] KEELRC 1370 (KLR)
The bottom line
#A Kenyan court quashed Kericho County's eviction of hospital staff from quarters, ruling employers must give valid reasons, fair notice, and housing allowance.
What this practically means
#Executive summary
#Key legal issues
#Whether the decision to evict the applicants from staff quarters warranted judicial review
The decision was illegal, irrational and procedurally improper and was quashed.
The decision contravened section 31 of the Employment Act, which obliges an employer to provide housing or pay housing allowance, and threatened the applicants' right to accessible and adequate housing under Article 43(1)(b) of the Constitution. The notice period was under a month, no alternative housing or allowance was offered, and the applicants were not heard before the decision was made, condemning them unheard contrary to natural justice.
Whether certiorari and prohibition should issue
Both orders issued since the decision was tainted with illegality, irrationality and procedural impropriety.
Relying on KNEC v Republic Ex Parte Gathenji Njoroge, certiorari quashes a decision already made where the rules of natural justice were not complied with, while prohibition restrains further action in furtherance of the impugned decision. Having established the grounds for review, the applicants were entitled to both orders, with liberty for the respondents to act lawfully in future.
Legal principles established
#- Every employee is entitled to either housing provided by the employer or, in the alternative, a reasonable house allowance.
- An employer's power to allocate staff housing must be exercised fairly and lawfully; eviction without a hearing offends the rules of natural justice.
Court orders
#- 1.Certiorari issued quashing the Respondent's decision contained in the eviction Notice dated October 14, 2021 and any other consequential orders emanating therefrom.
- 2.Prohibition issued against the Respondents, their servants and agents, prohibiting them from evicting the Applicants from the staff quarters at Londiani Sub County Hospital or doing any act in furtherance of the impugned decisions.
- 3.The respondents are at liberty to remove the applicants from the staff quarters provided it is done lawfully, with valid reason, reasonable notice and payment of housing allowance, which shall be indicated in writing before notice to vacate is served.
- 4.The applicants are awarded costs of the suit.
- Jurisdiction invoked
- Leave granted on November 26, 2021 to apply for orders of certiorari and prohibition in the Employment and Labour Relations Court's supervisory/judicial review jurisdiction
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Kericho & another; Oduori & another (Exparte) (Judicial Review E002 of 2021) [2022] KEELRC 1370 (KLR)", Case Analysis (2022). Judicial Review Miscellaneous Application (ELRC, Nakuru), Notice of Motion dated December 1, 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2022/1370/eng@2022-07-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.