[2014] KEHC 7505 (KLR)

[2014] KEHC 7505 (KLR)

The court found that the petitioners were occupants of public land (a road reserve) without proprietary rights, and that neither long-term occupation, payment of hawker fees, nor temporary licenses conferred ownership or entitlement to compensation. The court held that the petitioners failed to demonstrate with precision any violation of their constitutional rights, particularly under Articles 35, 42, 43, 47, and 50. The evidence showed that the petitioners had knowledge of the impending eviction, including a period of six months between the lifting of an injunction and the demolition. The court further held that the right to social security and other socio-economic rights under Article...

Citation
[2014] KEHC 7505 (KLR)
Parties
Applicant: John Kamau Kenneth I. Mpapale (Suing on behalf of Mutindwa Market Self Help Group); Respondent: The City Council of Nairobi; Respondent: The Permanent Secretary, Ministry of Nairobi Metropolitan Development; Respondent: The Minister for Nairobi Metropolitan Development; Respondent: Minister of Lands; Respondent: Commissioner of Lands; Respondent: Commissioner of Police; Respondent: Office of the President; Respondent: The Attorney General
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
9 May 2014
Case Number
Environment & Land Case 867 of 2012
Procedural Posture
Constitutional Petition / Judgment
Outcome
Petition dismissed.
Legal Topics
Right to Fair Administrative Action, Public Land Eviction, Right to Information, Public Interest Vs Private Rights, Notice of Eviction, Compensation for Demolition
Source Language
English
Constitutional Law Land and Property Civil Procedure Right to Fair Administrative Action Public Land Eviction Right to Information Public Interest Vs Private Rights Notice of Eviction +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

John Kamau Kenneth I. Mpapale (Suing on behalf of Mutindwa Market Self Help Group)

Applicant

The City Council of Nairobi

Respondent

The Permanent Secretary, Ministry of Nairobi Metropolitan Development

Respondent

The Minister for Nairobi Metropolitan Development

Respondent

Minister of Lands

Respondent

Commissioner of Lands

Respondent

Commissioner of Police

Respondent

Office of the President

Respondent

The Attorney General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioners' constitutional rights were violated by the demolition of their business stalls and eviction from Mutindwa Market.
  2. 2 Whether the petitioners were entitled to notice, consultation, and compensation prior to eviction from public land.
  3. 3 Whether the respondents' actions in demolishing the stalls and evicting the petitioners were unconstitutional, unlawful, or inhuman.

Ratio Decidendi

The court found that the petitioners were occupants of public land (a road reserve) without proprietary rights, and that neither long-term occupation, payment of hawker fees, nor temporary licenses conferred ownership or entitlement to compensation. The court held that the petitioners failed to demonstrate with precision any violation of their constitutional rights, particularly under Articles 35, 42, 43, 47, and 50. The evidence showed that the petitioners had knowledge of the impending eviction, including a period of six months between the lifting of an injunction and the demolition. The court further held that the right to social security and other socio-economic rights under Article...

Court Disposition

Petition dismissed.

Orders

  • The petition is dismissed in its entirety.
  • No declaratory or injunctive reliefs are granted.