Onjuro & others v Attorney General & 5 others (Petition 239 of 2014) [2015] KEHC 6868 (KLR) (4 February 2015) (Judgment)
- Court
- High Court of Kenya
- Case number
- 6868
- Citation
- [2015] KEHC 6868 (KLR)
- Decided
- 4 February 2015
The court held that in the absence of a local legal framework on forced evictions, international law applied under articles 2(5) and 2(6) of the Constitution of Kenya. The eviction and Resettlement Action Plan complied with international standards, including adequate notice, consultations, and verification of affected persons.
Facts
Residents of Kibera and Mukuru informal settlements challenged eviction from railway reserve land, claiming violation of their fundamental rights.
Issues
- Whether the Relocation Action Plan had been implemented in a manner that ensured compliance with international legal provisions.
- Whether the implementation of Relocation Action Plan had occasioned a violation of the Petitioner’s fundamental rights and freedoms.
Reasoning
The court emphasized the importance of the case and the need for clear policy and legal guidelines on forced evictions. It cited international standards and principles, including the United Nations Basic Principles and Guidelines on Development-based Evictions and Displacements, to support its decision.
Outcome
The petition was dismissed.
Orders
- Security officers to be deployed
- Compliance with the right to human dignity, life, and security of the evictees
- No evictions at night, in bad weather, during festivals or holidays, prior to any election, during or just prior to school exams, and in fact preferably at the end of the school term or during school holidays
Authorities cited
Legislation (3)
- Arbitration Act
- Constitution of Kenya, 2010
- Kenya Railways Corporation Act
Cases cited (3)
- United Nations Basic Principles and Guidelines on Development-based Evictions and Displacements 2007
- United Nations High Commissioner for Human Rights on the Right to Adequate Housing, Fact Sheet No. 21/Rev. 1
- Committee on Economic, Social and Cultural Rights, General Comment 4
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