Litigating the Constitutional Right to Adequate and Accessible Housing

Residents of Mathare’s
Mabatini Village have moved to the High Court in Nairobi seeking protection of
their right to adequate and accessible housing contained in the Bill of Rights
at Article 43 of the Constitution of Kenya, 2010.

In the case High Court
Constitutional Reference No. JRELC 72 of 2010 Peter Njoroge Muiruri-v- The
Attorney General as 1stRespondent, the City Council of Nairobi
as 2ndRespondent and Samuel Ojowa Achieng as the Interested
Party. Samuel Ojowa Achieng is the party who claims to have been allocated part
of the land on which the Mathare Mabatini Village is situated-which he claims
has title No. L.R. 219/110 by the City Council. Achieng has been constructing
on the land in dispute. The residents are seeking various orders from the
Court:

An interim injunction
restraining the Interested Party from leasing, disposing of, continuing with
further development or otherwise dealing with Land Parcel No/219/110 situated
in Mathare Mabatini Village pending hearing and determination of the reference.

This case is not moving
towards its final stages and the Court has agreed to hold a session at Mabatini
Village in Mathare slums on Friday 18, 2014. Enclosed is further data on this
settlement. The residents would appreciate your solidarity- see you on Friday.

 * View the full infographic here.

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