Republic v Inspector General of Police & another Ex-parte Felix Muthemba & another (suing as on their own behalf and as officials of Balozy Welfare Group) [2016] KEHC 8118 (KLR)

Facts

The applicants, Felix Muthemba and Joseph Njuguna, are members of Balozy Welfare Group, which has been living on and using all that parcel of land known as LR No. 8529/1 for the last twenty years. They seek orders to quash the respondents' decision to evict them and to prohibit the respondents from evicting, demolishing houses, arresting, harassing, intimidating, compelling the attendance of, charging, interrogating, prosecuting, and instituting criminal proceedings against them.

Issues

1. Quashing the respondents' decision to evict the applicants
2. Prohibiting the respondents from evicting, demolishing houses, arresting, harassing, intimidating, compelling the attendance of, charging, interrogating, prosecuting, and instituting criminal proceedings against the applicants

Reasoning

The court held that the applicants' case was a matter of grave public concern and that judicial review is a constitutional supervision of public authorities involving a challenge to the legal and procedural validity of the decision. The court found that the respondents' decision to evict the applicants was not in accordance with the law and that the respondents had abused their authority.

Outcome

The court quashed the respondents' decision to evict the applicants and prohibited the respondents from evicting, demolishing houses, arresting, harassing, intimidating, compelling the attendance of, charging, interrogating, prosecuting, and instituting criminal proceedings against the applicants.