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MARGARET KWAMBOKA OGEKA, JANE M. NYAGA, ANASTACIA MUNEE & PATRICK MWANIKI V. PERMANENT SECRETARY MINISTRY OF HEALTH, PERMANENT SECRETARY MINISTRY OF MEDICAL SERVICES, PERMANENT SECRETARY MINISTRY OF HOUSING & ATTORNEY GENERAL

(2014) JELR 104569 (CA)

Court of Appeal  •  Civil Application 66 of 2014  •  9 May 2014  •  Kenya

Coram
David Kenani Maraga, Daniel Kiio Musinga, William Ouko

Judgement
<p class="ql-align-justify">RULING OF THE COURT</p><p class="ql-align-justify">Twelve applicants petitioned the High Court in High Court Petition No. 568 of 2012 alleging that their constitutionally guaranteed rights under Article 27 (1) of the Constitution was threatened by eviction notices issued to them by the 1<sup>st</sup> and 2<sup>nd</sup> respondents. It would appear that the applicants, who are in occupation of the Mathari Hospital civil servants’ quarters by virtue of having been employees of the 1<sup>st</sup> and 2<sup>nd</sup> respondents, working in Mathari Hospital, were through a Government directive in September 2010 transferred from the Ministry of Medical Services to various other ministries in a general reshuffle affecting many junior staff in all ministries.</p><p class="ql-align-justify">According to Dr. Jackton Azenga Kisivuli’s affidavit on behalf of the 1<sup>st</sup> and 2<sup>nd</sup> respondents, following the aforesaid directive, the applicants were to vacate their quarters to hospital staff who by their nature of work were required to reside within the hospital premises. In their petition, the applicants argue…</p>

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