Ochuodho & 9 others (Suing on Their Behalf and on Behalf of other 355 Residents of Jogoo Road Phase II Government Estate) v Cabinet Secretary, Ministry of Lands, Public Works, Housing and Urban Development & 2 others (Environment & Land Petition E010 of 2024) [2024] KEELC 3615 (KLR) (6 May 2024) (Ruling)
- Court
- Environment & Land Court
- Case number
- 3615
- Citation
- [2024] KEELC 3615 (KLR)
- Decided
- 6 May 2024
Summary at a glance
TypeLand PetitionPostureAppeal from the original trial outcomeCoramOGUTTU MBOYA
The court dismisses the application and orders the dismissal of the petition with no costs awarded.
Facts
The petitioners are civil servants housed in Government quarters, Jogoo Road Phase II, who are tenants paying rents to the Government. The respondents are the Cabinet Secretary and Principal Secretary for Housing and Urban Development.
Issues
- Whether the petitioners have established a prima facie case with probability of success.
- Whether the petitioners suffer irreparable loss if the temporary injunction is not granted.
Reasoning
The court finds that the petitioners are tenants and do not have proprietary rights to the government houses. The concept of legitimate expectation cannot be used to defeat the express provision of the law, particularly the Constitution.
Outcome
Appeal dismissed
Orders
- Application dismissed
- No orders as to costs
Authorities cited
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