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

(2018) JELR 99042 (CA)

Court of Appeal  •  Civil Application Sup 3 of 2016  •  2 Feb 2018  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Agnes Kalekye Murgor

Judgement

RULING OF THE COURT

This Notice of Motion dated 11th August 2016 is made under Article 163(4) (b) of the Constitution following a decision of this Court (Githinji, Karanja, Otieno-Odek, JJA), delivered on 1st July 2016 where the applicant seeks for certification to appeal against that decision to the Supreme Court.

As a brief background the applicant, Mitu Bell Welfare Society is a society registered under the Societies Act, Cap 108, Laws of Kenya, and its members are residents of a slum dwelling community known as Mitumba Village, situated adjacent to Wilson Airport. The 1st respondent, Kenya Airports Authority, is a body corporate established by the Kenya Airports Authority Act, while the 2nd and 3rd respondents are the Attorney General and the Commissioner of Lands respectively.

In their petition dated 21st September, 2011 the applicant stated that on or about 1992, its members were relocated by the Government to occupy and reside on the 1st respondent’s property, following which they…

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