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Satrose Ayuma, Joseph Shikanga, Joseph Gitonga, Beth Waithira, Lydia Muthoni, Lameck Mwambe, Joseph Otieno, Wilson Githinji, John Ochieng, Eunice Opiyo, Yashpal Ghai & Priscilla Nyokabi v. Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme, Kenya Railways Corporation, Attorney General & Miloon Kothat

(2016) JELR 95417 (CA)

Court of Appeal  •  Civil Application Nai 97 of 2016 (UR 76/2016)  •  13 May 2016  •  Kenya

Coram
Erastus Mwaniki Githinji, Sankale ole Kantai, Fatuma sichale

Judgement

RULING OF THE COURT

This is an application under Rule 5(2) (b) Court of Appeal Rules for stay of execution of the judgment and orders of the High Court in the Constitutional Petition No. 65 of 2010 pending the hearing and determination of the appeal.

The applicants filed the said constitutional petition in October 2010 alleging that the imminent eviction from their houses located on LR. No. 209/6502 commonly known as “Muthurwa Estate” by the 1st respondent breached their various constitutional rights, including their economic and social rights and rights to housing. By the petition, they sought a declaration that they are entitled to such rights, a declaration that the respondents had violated their rights, an injunction restraining the respondents from, inter alia, demolishing the houses, terminating the leases or evicting the applicants and prayed in the alternative, that in the event of an eviction and prior to such eviction, the respondents should ensure and provide, inter alia, a o…

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