Republic v Principal Secretary, Ministry of Lands, Housing and Urban Development & 2 others Ex-Parte Kenyatta Peter & 3 others [2016] KEHC 2582 (KLR)
- Court
- High Court of Kenya
- Case number
- 2582
- Citation
- [2016] KEHC 2582 (KLR)
- Decided
- 14 October 2016
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeMiscellaneous ApplicationPostureApplication for Certiorari and ProhibitionCoramG V ODUNGA
Holding
The Court quashed the Respondent's directives and prohibited the Permanent Secretary and his officers from implementing the order of demolishing, evicting, damaging or interfering with the applicants' properties.
Facts
The ex parte applicants (Kenyatta Peter and 3 others) sought to quash the Respondent's (Principal Secretary, Ministry of Lands, Housing and Urban Development) directives to evict them and their properties within Kibera Soweto East Zone slums.
Issues
- Quashing of the Respondent's directives to evict the ex parte applicants
- Prohibition against implementing the order of demolishing, evicting, damaging or interfering with the applicants' properties
Reasoning
The Court considered the application, affidavits, and submissions, and found that the Respondent's directives were not in line with the Constitution's provisions regarding human rights and dignity.
Outcome
The Court granted the ex parte applicants' application.
Orders
- Certiorari removing into this Honourable court the Respondent’s directive dated 14th November, 2012 and 29th April, 2013 to evict the ex parte applicants and any other consequential orders emanating therefrom and the same are hereby quashed.
- Prohibition against the Permanent Secretary Ministry of Housing his Officers, servants, agents or assignees from implementing or executing the order of demolishing, evicting, damaging or interference with the applicants’ business, homes, structures and properties located within Kibera Soweto East Zone slums or act in any other way that will prejudice their safe, quiet enjoyment of the same pending further orders of this Court.
Remedies
- Designing a programme of eviction of the applicants taking into account international human rights principles, mandatory presence of Governmental officials and security officers, compliance with the right to human dignity, life and security of the evictees, and avoiding 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 (1)
- Article 23 of the Constitution
Cases cited (1)
- Macademia Nuts Dealers vs. Horticultural Crops Development Authority & Others [2014] eKLR
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