Mutuma v Chief Officer Health Services County Government of Meru & another (Judicial Review E003 of 2023) [2024] KEELRC 54 (KLR) (26 January 2024) (Judgment)

Summary at a glance

Facts

The applicant, Baiyenia Moses Mutuma, was transferred from Kanayakine Sub-County Hospital to Theera Health Centre on September 12, 2023. He had previously been transferred from Kanyakine Sub-County Hospital to Timau Sub-County Hospital in March 2021, and from Timau to Muthara sub-county Hospital in January 2022. He appealed against the transfer to Ndumuru Health Centre.

Issues

• Whether the applicant has a basis for granting the order of certiorari.
• Whether the transfer to Theera Health Centre is tainted with illegality.

Reasoning

The court cited Pastoli v Kabale District Local Government Council & others (2008) 2 EA 300, where illegality was defined as an error of law in the decision-making process, and the court held that the transfer was not tainted with illegality.

Outcome

The court granted the applicant leave to apply for order of certiorari to quash the 1st respondent’s decision.

Orders

• Order of Certiorari to remove into this court and quash the decision of the 1st Respondent herein transferring the Applicant from Kanayakine Sub-County Hospital to Theera Health Centre conveyed via letter Ref:20150106540/TY/(21) dated 12th September 2023.
• Order of Prohibition directed to the Respondents prohibiting them, their agents, servants, and/or ocers from transferring the Applicant from Kanyakine Sub-County Hospital to Theera Health Centre conveyed via letter Ref:20150106540/TY/(21) dated 12th September 2023.

Remedies

• Costs of this application be provided for on full indemnity basis.

Authorities cited