Republic v Permanent Secretary Ministry of Lands and Housing & another Exparte Charity Nasireku & another [2016] KEHC 7958 (KLR)
- Court
- High Court of Kenya
- Case number
- 7958
- Citation
- [2016] KEHC 7958 (KLR)
- Decided
- 18 August 2016
The court found that the decision to allocate the house to Lois Sianoi Konana's late husband was valid, and the Permanent Secretary's refusal to sell the house to her was not in violation of the rules of natural justice or applicable laws.
Facts
Lois Sianoi Konana was allocated a government house (HG 46) in 1994 and later allowed to continue living there after her husband's death. She sought to purchase the house but was denied by the Permanent Secretary of Lands and Housing.
Issues
- Whether the decision to allocate the house to Lois Sianoi Konana's late husband was valid.
- Whether the Permanent Secretary's refusal to sell the house to Lois Sianoi Konana was in accordance with the rules of natural justice and applicable laws.
Reasoning
The court applied the principles of judicial review as set out in Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996. The court determined that the decision to allocate the house was valid and that the Permanent Secretary's refusal to sell was not in violation of the rules of natural justice or applicable laws.
Outcome
The court dismissed the application for orders of certiorari, prohibition, and mandamus.
Authorities cited
Cases cited (1)
- Republic vs. Kenya National Examinations Council ex parte Gathenji & Others Civil Appeal No. 266 of 1996
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