Paul Mungai Kimani & 20 others v Attorney General & 4 others [2011] KECA 7 (KLR)

Facts

Twenty-one applicants, including members of Korogocho Owners Welfare Association, claimed they were moved from various places in the 1970s and allowed to occupy plots of Government land. They sought declarations under the then Constitution and an injunction pending lodging, hearing, and determination of an intended appeal.

Issues

1. Whether the applicants are entitled to an injunction pending the hearing and determination of their intended appeal.
2. Whether the applicants are entitled to declarations under the then Constitution.

Reasoning

The applicants are poor and landless people who were moved from various places in the 1970s and allowed to occupy plots of Government land. They claim the Government promised them title documents but never issued them. The applicants have attached newspaper cuttings showing the then President Moi's directive to settle them on the land and issue title deeds.

Outcome

The motion is allowed, and an injunction is granted.