Abdi Sheikh Idriss v County Governmentof Garissa & 2 others [2020] KEHC 8735 (KLR)
- Court
- High Court of Kenya
- Case number
- 8735
- Citation
- [2020] KEHC 8735 (KLR)
- Decided
- 30 January 2020
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetition for Temporary InjunctionPosturePetitioner's Application for Temporary Injunctions
Holding
The court granted temporary injunctions to stop the demolition and the implementation of the tender.
Facts
Abdi Sheikh Idriss is a tenant of the 2nd Respondent, the National Housing Corporation, in the Garissa rental housing scheme. The 1st Respondent, the County Government of Garissa, has an outstanding debt of Kshs. 1,795,653.40/= from the scheme. The 1st Respondent intends to demolish the houses where Idriss is a tenant.
Issues
- Whether the County Government of Garissa can demolish the houses where Abdi Sheikh Idriss is a tenant
- Whether the County Government of Garissa can implement tender No. CGG/WB/UD/T/001/2018/2019 for proposed construction of Qorahey market in Garissa Township Sub-County
Reasoning
The court considered the principles of granting temporary injunctions and cited authorities to support its decision.
Outcome
Granted
Orders
- Temporary injunction against the County Government of Garissa from issuing eviction notices to tenants and/or evicting them from Garissa rental housing scheme
- Temporary injunction against the implementation of tender No. CGG/WB/UD/T/001/2018/2019 for proposed construction of Qorahey market in Garissa Township Sub-County
Remedies
- Temporary injunctions to stop the demolition and tender implementation
Authorities cited
Legislation (3)
- Housing Act CAP 117
- Article 40 of the Constitution
- Article 25 of the Universal Declaration of Human Rights
Cases cited (2)
- Giella –v- Cassman Brown (1973)EA 358
- Mrao Ltd vs. First American Bank of Kenya Limited and 2 others (2003) KLR 125
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.
Loading judgment…