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Polly W. Gitimu v. Republic, Permanent Secretary Ministry of Lands & Housing & Christine W. O. Sadia

(2018) JELR 94245 (CA)

Court of Appeal  •  Civil Appeal 124 of 2016  •  9 Nov 2018  •  Kenya

Philip Nyamu Waki, Martha Karambu Koome, Roselyn Naliaka Nambuye



The appeal before us arises from Judicial Review (JR) proceedings determined by Warsame, J. (as he then was) on 24th November, 2011. Before that court, the 3rd respondent here (Christine) was granted leave on 27th May, 2005 to seek, and did seek in a subsequent motion, the orders of certiorari and mandamus against the Permanent Secretary in the Ministry of Lands and Housing (PS) as follows:

"i. ORDER OF CERTIORARI, To bring into this Honourable Court to investigate and quash the decision of the Respondent contained in his letter dated 20th May 2005.

ii. ORDER OF PROHIBITION, To prohibit the Respondent from removing or evicting the Applicant from House No. MG/767A located in Kileleshwa Estate or from allocating the same to any other person other than the Applicant."

In issue was a residential house in Kileleshwa known as No.MG/767A (the disputed house) which belonged to the Government of Kenya for occupation by civil servants. Christine, who was an Assistant Director …

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