Ayuma & 11 others (Suing on their own Behalf and on Behalf of Muthurwa Residents) v Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme & 2 others; Kothari (Interested Party) (Petition 65 of 2010) [2013] KEHC 6003 (KLR) (Constitutional and Human Rights) (30 August 2013) (Judgment)

Facts

Satrose Ayuma and 11 others (petitioners) reside in Muthurwa Estate. The Registered Trustees of the Kenya Railways Staff Retirement Benefits Scheme (1st respondent) and the Kenya Railways Corporation (2nd respondent) wish to demolish the estate and build modern residential and commercial buildings.

Issues

1. whether an entity is a private or public body
2. whether the Bill of Rights can be enforced against a government organ or a private body
3. whether a landlord can evict a tenant without providing alternative accommodation and justifying the limitation

Reasoning

The court adopted the test from the Indian Supreme Court case to determine whether an entity is a public body. The 1st and 2nd respondents perform public functions and enjoy monopoly status, thus they are public bodies.

Outcome

The court held that the 1st and 2nd respondents are public bodies and owe the petitioners a guarantee of fundamental human rights and freedoms.

Authorities cited