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Paul Mungai Njogu, James Kimani & New Jambo Taxis v. Kenya Airports Authority, Julius Njoroge, Mwende & Fredrick Murunga

(2019) JELR 94248 (CA)

Court of Appeal  •  Civil Appeal 2 of 2013  •  25 Jan 2019  •  Kenya

Coram
Philip Nyamu Waki, Daniel Kiio Musinga, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

1. The appellants were the plaintiffs in HCCC No. 2543 of 1996. The appellants sought to challenge their exclusion from operating their taxis at the Jomo Kenyatta International Airport (JKIA) by the 1st respondent, Kenya Airports Authority, (KAA). The appellants averred that their exclusion from JKIA was a breach of an existing lease between them and KAA, which was done in a discriminatory manner for the reason that they were from the Kikuyu community.

2. The appellants sought the following orders:

“(a) A declaration that a taxi business like that operated by members of the third plaintiff is property within the meaning of section 75 of the Constitution.

b. A declaration that the removal of the taxis of the first and second plaintiffs and those of the members of the third plaintiff from Jomo Kenyatta International Airport on grounds of their ethnic origin is in breach of the plaintiff’s right under section 82 of the Constitution of Kenya not to be subjected to discri…

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