Description
The appellant seeks to enforce the right to housing and challenges eviction of its members from a parcel of land they had been allocated by the Kenya Airport Authority.
Current Status
Case Concluded.
Previous Status Updates
On 11th January 2021, the Supreme Court of Kenya made its first socio-economic rights judgment under the 2010 Constitution. Mitu-Bell Welfare Society appealed the regressive decision of Court of Appeal which posited that structural interdicts do not form part of Kenyan law.
The court provided for the issuing of structural interdicts so that a final judgment would be based on the actions it would have pre-determined within the pendency of the case.
The decision of the Supreme Court to remit the proceedings to the Trial Court with instructions that appropriate reliefs be crafted and granted is an important decision. Courts are guardians of the constitution and have the constitutional mandate to ensure that appropriate effective reliefs are granted. Reliefs granted by any court should be responsive to address the nature of the violations. Rising to the occasion in its decision, the Court sending the case back to the High Court and overturning the Court of Appeal decision illustrates the commitment of the Court to its earlier position, that structural remedies are a means of human rights protection. The judgment can be found <here>
