Kenya Union of Domestic Hotels, Educational Institutions, Hospitals and Allied Workers (KUDHEHIA) v Management of Tea Hotel & 4 others; Yas Angwan Holdings Limited & another (Proposed Interested Parties) [2022] KEELRC 1072 (KLR)

Summary at a glance

Facts

The claimant, KUDHEHIA, is a union representing domestic workers, educational institutions, hospitals, and allied workers. The applicant is the management of Tea Hotel, and the respondents are the purchasers of a property (L.R. No. KERICHO MUNICIPALITY BLOCK 4/295 measuring 5.831 acres). The proposed interested parties are Yas Angwan Holdings Limited and Tea Hotel Limited.

Issues

• The legality of the purported sale and transfer of the property
• The validity of the purported sale and transfer of the property
• The accounts and payments made by the purchasers
• The public auction of the property

Reasoning

The court found the sale and transfer of the property to be illegal and ordered the cancellation of the entries and the setting aside of the sale.

Outcome

The court granted the applications.

Orders

• Compelling the Chief Land Registrar to cancel the illegal entries on the property
• Setting aside the purported sale and transfer of the property
• Compelling the respondents to file true and just accounts and details of the public auction
• Compelling Hezron Getuoma Onsongo T/A Hegeons Auctioneers to file details of the public auction
• Allowing the claimant to institute proper execution proceedings after the accounts are rendered by the auctioneer

Remedies

• Compulsory cancellation of illegal entries
• Compulsory setting aside of the sale and transfer
• Compulsory filing of true and just accounts and details of the public auction
• Compulsory filing of details of the public auction by the auctioneer
• Allowing the claimant to institute proper execution proceedings