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Moi Education Centre Co. Ltd v. William Musembi , Fred Nyamora , Vincent Onyuno , Elijah Memba , Joshua Kibe , Monica Wanjiru, Mweni Kisingu, Pamela Atieno, Purity Wairimu, Beatrice Wanjiru, Gertrude Angote, (suing on their own behalf and on behalf of 326 persons formerly residing in city cotton village and upendo city cotton village and their 90 school going children), Margaret Kanini Keli, Roseline Misingo, Joseph Mwaura Karanja, (suing on their own behalf and on behal of 15 residents of upendo city cotton village at south c ward), Inspector General of Police, Attorney General & Cabine Secretary for Lands, Housing & Urban Development

(2017) JELR 98979 (CA)

Court of Appeal  •  Civil Appeal 363 of 2014  •  15 Dec 2017  •  Kenya

Coram
Philip Nyamu Waki, Milton Stephen Asike Makhandia, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This appeal, arises from the judgment and decree of the High Court of Kenya (Mumbi Ngugi, J) delivered on 14th October 2014 by which she declared that: the demolition of the 1st to 14th respondents? houses and their forced eviction from the appellant?s property without providing them and their children with alternative land or shelter is a violation of the fundamental right to inherent human dignity, security of the person, and to accessible and adequate housing; a violation of the fundamental rights of children guaranteed by Article 53 of the Constitution; and a violation of the rights of elderly persons guaranteed by Article 57 of the constitution.

2. In addition to those declarations, the court ordered the appellant and the State to pay Kshs. 150,000.00 and Kshs. 100,000.00 respectively to each of the 1st to 14th respondents and 326 other persons as compensation.

Background

3. The 1st to 14th respondents, on their own behalf and on behalf of 326 other persons (…

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