David Ngige Tharau & 128 others v Principal Secretary Ministry of Lands, Housing and Urban Development & 2 others [2016] KEHC 7274 (KLR)
- Court
- High Court of Kenya
- Case number
- 7274
- Citation
- [2016] KEHC 7274 (KLR)
- Decided
- 6 January 2016
The court dismisses the petition with costs, finding that the petitioners have not set out with reasonable precision the issues they seek to address and that the project has been handled satisfactorily by the respondents.
Facts
Petitioners are residents of Kibera Soweto East Zone 'A' Housing project who were selected for the Kibera Slum Upgrading Project. They allege that the relocation process is opaque, corrupt, and lacks transparency, leading to their exclusion from benefiting from the project.
Issues
- Constitutional rights infringement
- Lack of transparency in relocation process
- Corruption in project implementation
Reasoning
The court considers the petitioners' allegations insufficiently detailed and cites Annarita Karimi Njeru vs. Attorney General (1979) KLR 154 for the principle that complaints must be set out with precision. The court also refers to Article 22(3) of the Constitution, which allows for informal documentation in proceedings related to the Bill of Rights.
Outcome
Dismissed with costs
Authorities cited
Legislation (2)
- Constitution of Kenya 2010
- Transitional and Consequential Provisions of the Constitution of Kenya
Cases cited (1)
- Nairobi High Court Miscellaneous Application No. 596 of 2008 - Kenya Union of Savings and Credit Cooperatives (KUSCCO) Limited vs. Nairobi City Council (Now Nairobi City County)
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