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Gabriel Dolan & 23 others v County Government of Mombasa & another

Country/Territory
Kenya
Type of court
National - higher court
Date
Nov 30, 2017
Source
UNEP, InforMEA
Court name
High Court of Kenya
Seat of court
Mombasa
Judge
Anyara Emukule M. J.
Reference number
Constitutional Petition No. 26 of 2015
Language
English
Subject
Legal questions
Keyword
Land-use planning
Abstract

The Kenya Highway Authority wanted to build a road which would lead to the demolition of informal settlements. The Petitioner’s sought a declaration that the Respondents (Kenya Highway Authority) must adhere to the principle of participation and inclusivity before the road project can be implemented and an order of injunction stopping the project until the Respondents adhere to the law and the Constitution. The Petitioner’s sought also an order to the effect that the Respondents cannot demolish the Petitioners property arbitrarily without regard to compensating the Petitioners for any damage caused to their property.

According to the High Court the real issue raised by the petition is the rights of dwellers of informal settlements.

The High Court granted the order sought.

(Source: Kenya Law  http://kenyalaw.org/caselaw/cases/view/129078/, last accessed 14-05-2018)

Full text
Gabriel Dolan & 23 others v County Government of Mombasa & another.pdf
Website
kenyalaw.org