Judgment
(Being an appeal against the judgement of the Environment and Land Court delivered by Munyao Sila. J. on 22nd October 2020 In Mombasa ELC Petition 2 of 2018Constitutional Petition 2 of 2018 .
This appeal arises from the judgment of the Environment and Land Court sitting in Mombasa, (Munyao Sila, J.) in which a petition filed by Henry Wambega and 733 others, the Appellants’ herein was dismissed. The Petition was brought pursuant to Articles 2(5), 10, 28, 40, 63 of the Constitution 2010. Article 17 of the Universal Declaration of Human Rights on the Right to Property and Article 14 of the African Charter on Human and Peoples Rights.
The Appellants had filed the Petition before the Environment and Land Court on 23rd January 2018, against 10 Respondents, with the 2nd to 7th and 9th Respondents being the registered owners of the suit properties, namely Plot Nos. 8 Sec 111 MN; 9 Sec 111 MN; CR 14107; CR 5606/14 and 7120/15 Sub-division 513 (originally No. 286/4 SEC. 111 MN) Plan. NO. …