Mohamed Abdi Maalim & 2 others v Cabinet Secretary Minister of Interior and Co-ordination of National Government & 3 others [2017] KEHC 1971 (KLR)
- Court
- High Court of Kenya
- Case number
- 1971
- Citation
- [2017] KEHC 1971 (KLR)
- Decided
- 8 November 2017
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypePetitionPosturePetition for ProhibitionCoramGEORGE DULU
Holding
Allow the petition, grant a permanent order of prohibition against respondents from causing any illegal, forceful and unlawful removal, eviction and relocation of the current residents of Bakala location.
Facts
Residents of Bakala location alleged that they were attacked and harassed by armed men from the Matan sub-clan. Government officials threatened residents to move out of their settlement within 14 days, and military officers stormed the location on November 4-5, 2016.
Issues
- Unlawful eviction of residents
- Violation of constitutional rights
Reasoning
Find that respondents attempted to unconstitutionally and unlawfully evict residents, and that the petitioners are entitled to a permanent order prohibiting the respondents from causing illegal removals.
Outcome
Allow the petition
Orders
- Prohibition against respondents from causing illegal removals
Remedies
- Permanent order of prohibition
Authorities cited
Legislation (4)
- Constitution of Kenya 2010
- Community Land Act No 27 of 2016
- Fair Administrative Action Act No 4 of 2015
- National Government Coordination Act No 1 of 2013
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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