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Moses Onchiri (Suing on his own behalf and in the interest of 475 other persons being former inhabitants of KPA Maasai Village, Embakasi within Nairobi) v. Kenya Ports Authority, City Council of Nairobi, Minister for Internal Security & Provincial Administration, Minister for Lands & Attorney General

(2017) JELR 98898 (CA)

Court of Appeal  •  Civil Appeal 299 of 2014  •  24 Mar 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

Until the morning of 29th October, 2011 the appellants together with many others had made their homes and complementary social amenities in Maasai Village in Embakasi area of Nairobi County. It was their case that they settled in an area comprised in thirteen (13) titles from 1982, constructed permanent and semi

permanent dwelling houses, schools, churches, medical facilities and other establishments; that they enjoyed actual and uninterrupted possession for a period of 18 years; and that the Government recognised their occupation, rights and status on the land by providing additional social amenities and security to the residents.

On 15th September, 2011 the Kenya Airports Authority (the 1st respondent) placed a notice which the appellants described as a reminder in the Daily Nation newspaper of 18th September, 2011 that read;

“NOTICE TO VACATE ILLEGALLY DEVELOPED AND ENCROACHED PORTIONS OF KENYA AIRPORTS AUTHORITY LAND L.R. NO.21919 AT KYANGOMBE, AND SYOKIMAU, JOMO…

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