MOSES ONCHIRI (SUING ON BEHALF AND IN THE INTEREST OF 475 PERSONS BEING FORMER INHABITANTS OF KPA, MAASAI VILLAGE WITHIN NAIROBI) V. KENYA AIRPORTS AUTHORITY, CITY COUNCIL OF NAIROBI, MINISTER OF INTERNAL SECURITY AND PROVINCIAL ADMINISTRATION, MINISTRY OF LANDS & ATTORNEY GENERAL

RULING OF THE COURT

A. INTRODUCTION

[1] This is an application by way of a Notice of Motion dated 26^th November, 2018 brought Under Article 163(4), (5) and (6) of the constitution, section 5 of the Supreme Court Act, rules 24, 3(1), 35(3) and 53 of the Supreme Court Rules). The application seeks the following orders:

a. That the Application is urgent and should be dispensed with in the first instance.

b. That this Honorable court be inclined to issue or order granting the Applicant leave to file an appeal out of time.

c. That this honorable court do grant or order certifying that this matter raises issues of general public importance.

B. BACKGROUND

i. Proceedings at the High Court

[2] The genesis of this cause is the evictions that took place in Maasai Village in Embakasi area of Nairobi County on the morning of 29^th October, 2011 where the applicant together with many others had made their homes and complimentary social amenities. It is their case that they had settled in an area comprised i…