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Kenya Airports Authority v. Mitu-Bell Welfare Society, Attorney General & Commissioner of Lands

(2016) JELR 100147 (CA)

Court of Appeal  •  Civil Appeal 218 of 2014  •  1 Jul 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. This appeal considers justiciability and enforceability of socio-economic rights under the 2010 Constitution. Of importance is the tension between the right to housing as a socio-economic right and the right to private property. The extent and limitation upon which socio-economic rights can trump and prevail over private property rights is analyzed. A key feature in this appeal is the interpretation of the scope of the power of the High Court to grant appropriate relief as per Article 23 of the Constitution in cases involving implementation of rights and fundamental freedoms. The extent to which courts can adopt foreign comparative jurisprudence and general rules of international law are examined.

BACKGROUND FACTS

2. The appellant is the registered proprietor of all that parcel of land known as Nairobi L.R No. 209/13080. The 1st respondent, Mitu-Bell Welfare Society, is a duly registered Society and it filed a petition before the trial court on behalf of its memb…

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