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MUSEMBI & 13 ORS.
V.
MOI EDUCATIONAL CENTRE CO. LTD. & 3 ORS.

(2021) JELR 113564 (SC)

Supreme Court 16 Jul 2021 Kenya
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Case Details

Suit Number:PETITION NO. 2 OF 2018
Judges:PHILOMENA MWILU, DCJ & VP MOHAMMED IBRAHIM, SCJ SMOKIN WANJALA, SCJ NJOKI NDUNGU, SCJ ISAAC LENAOLA, SCJ

JUDGMENT

A Introduction

1.This Petition of Appeal dated and lodged on January 29, 2018is brought pursuant to the provisions of article 163(4)(a) of the Constitution, together with section 15(2) of the Supreme court Act and rule 33 of the Supreme court Rules, 2012 (repealed). The petitioners seek to set aside the Judgment of the court of Appeal (Waki, Makhandia & Gatembu, JJ A) in Civil Appeal No 363 of 2014 delivered on 15th December 2017, which partially allowed an appeal against the High court (Mumbi Ngugi, J (as she then was) Judgment in Constitutional Petition No 264 of 2013 as consolidated with Constitutional Petition No 274 of 2013 delivered on 14th October 2014.

2. The Petition concerns the alleged forceful and illegal eviction of the petitioners, who were inhabitants of City Cotton and Upendo villages, two informal settlements within the County of Nairobi. The main issue for determination regards the interpretation of the right to accessible and adequate housing provided under ar…

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