SHADRACK KIBICHI BUNDOTICH v PERMANENT SECRETARY MINISTRY OF LANDS & HOUSING [2007] KEHC 1413 (KLR)
- Court
- High Court of Kenya
- Case number
- 1413
- Citation
- [2007] KEHC 1413 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureRespondent's Motion to Quash DecisionCoramR.P.V. WENDOH
Holding
The court dismisses the Notice of Motion and orders the dismissal with costs to the Respondent.
Facts
The Applicant, Shadrack Kibichi Bundotich, was allocated a government house (House No. HG/34) in Mugoya Estate Phase IV. The Permanent Secretary of the Ministry of Lands and Housing issued a directive to vacate the house by 31st December 2004. The Applicant sought judicial review.
Issues
- Whether the court has jurisdiction to quash the decision of the Permanent Secretary.
- Whether the court can issue an order prohibiting the eviction of the Applicant.
- Whether the court can issue an order compelling the Permanent Secretary to allow the Applicant to purchase the house.
Reasoning
The court finds that the court does not have jurisdiction to quash the decision of the Permanent Secretary as the transaction was a private law one. The court also dismisses the prohibition and mandamus orders as they are public law remedies and the court cannot force a contract.
Outcome
Dismissal with costs
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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