Arthur Athanasius Moody Awori v Attorney General & 2 others [2017] KEELC 2673 (KLR)
- Court
- Environment & Land Court
- Case number
- 2673
- Citation
- [2017] KEELC 2673 (KLR)
- Decided
- 21 June 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeLand DisputePosturePetition for Declaration and ProhibitionCoramS.M. KIBUN, S.M. KIBUN
Holding
The court dismisses the petition with costs, finding that the Petitioner has failed to prove any infringement or violation of constitutional rights by the Respondents.
Facts
The Petitioner, Arthur Athanasius Moody Awori, is a registered leasehold owner of a property in Kisumu Municipality. The Respondents, The Hon. Attorney General, The County Director of Housing Kisumu, and The Permanent Secretary Ministry of Housing, issued a vacation notice to the Petitioner.
Issues
- Inconsistency of vacation notice with Article 40, 48, and 50 of the Constitution
- Arbitrariness and lack of due process in issuing the vacation notice
- Unconstitutionality of allegations regarding the Petitioner's title acquisition
- Prohibition of eviction and interference with the Petitioner's right of ownership and occupation
Reasoning
The court finds that the vacation notice was issued arbitrarily and without due regard to the process of the law, and that the allegations regarding the Petitioner's title acquisition are arbitrary and capricious.
Outcome
Dismissed with costs
Orders
- Petition dismissed with costs
Authorities cited
Legislation (4)
- Article 22 of the Constitution of the Republic of Kenya
- Articles 27, 40, 48, and 50 of the Constitution of Kenya
- Articles 19, 20, 21, 22, 23, and 24 of the Constitution of Kenya
- Section 19 of the Sixth Schedule of the Constitution of Kenya
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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