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Republic v County Government of Kericho & another; Oduori & another (Exparte) (Judicial Review E002 of 2021) [2022] KEELRC 1370 (KLR) (14 July 2022) (Judgment)

[2022] KEELRC 1370 (KLR) Employment & Labour Relations Court
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Court
Employment & Labour Relations Court
Case number
1370
Citation
[2022] KEELRC 1370 (KLR)
Decided
14 July 2022
Beta Machine-generated summary. Automatically produced by AI from the judgment text — it may be incomplete or inaccurate. Always verify against the full judgment below. Not legal advice.

Summary at a glance

TypeJudicial ReviewPostureApplication for Judicial ReviewCoramON MAKAU
The Court finds the applicants’ contention that the application is unopposed to be incorrect.

Facts

Bridgit Oduori and Lilah Cherutich are employees of Kericho County Government who were offered housing in Londiani sub-County Hospital. The hospital management issued eviction notices, claiming insubordination, and demanded they vacate the houses by October 31, 2021.

Issues

  • Whether the impugned decision warrants judicial review.
  • Whether the reliefs sought should be issued.

Reasoning

The Court discusses the grounds for judicial review and the Employment Act, finding the eviction decision to be procedurally improper.

Outcome

The Court grants the application for judicial review.

Orders

  • The eviction notices are quashed.
  • Alternative housing or house allowance is required by the employer.

Remedies

  • Alternative housing or house allowance.

Authorities cited

Legislation (2)
  • Employment Act
  • Constitution of Kenya
Cases cited (4)
  • Republic v Secretary of the firearms Licensing Board and 2 others Ex parte; Senator Johnson Muthama
  • Richard Were and 11 others v Permanent Secretary Ministry of Health & 3 others
  • James Opiyo Wandayi v Kenya National Assembly & 2 others
  • Kenya National Examination Council v Republic Ex Parte Geoffrey Gathenji Njoroge & 9 others
⚠ This summary is experimental and generated by a language model, not a lawyer. It can contain errors, omissions, or misinterpretations and must not be relied on for legal decisions. The authoritative source is the full judgment. Please confirm every point against the original before use.
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