constitutional interpretation

State must take tougher steps to ensure people's fundamental rights are not violated - Kenya’s apex court

The supreme court of Kenya has delivered a significant judgment on the right to shelter. It involved people who had been living in two informal settlements since the 1960s, when it was effectively public land. In 2013, they were forcibly evicted by a private entity, the Moi Educational Centre, with the help of the state via the police and others. The high court found in favour of the people who were evicted, saying there was an ‘unapologetic admission’ by the Moi Centre that it had evicted the people and had their homes demolished, all without a court order.

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As the supreme court explains right at the start, this case concerns the interpretation of the right to accessible and adequate housing under the constitution’s Article 43 and, where a court finds violation of rights, the constitutional remedy of compensation.

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