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

JUDGMENT OF THE COURT

Until the morning of 29^th 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 15^th September, 2011 the Kenya Airports Authority (the 1^st respondent) placed a notice which the appellants described as a reminder in the Daily Nation newspaper of 18^th 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…