RULING OF THE COURT
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 1st and 2nd 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 1st and 2nd 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.
According to Dr. Jackton Azenga Kisivuli’s affidavit on behalf of the 1st and 2nd 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…