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Title:
Gabriel Dolan & 23 others v County Government of Mombasa & another
Party:
Kenya
Region:
Africa
Type of document:
National - higher court
Date of text:
November 30, 2017
Data source:
InforMEA
Court name:
High Court of Kenya
Seat of court:
Mombasa
Justice(s):
Anyara Emukule M. J.
Reference number:
Constitutional Petition No. 26 of 2015
ECOLEX subject(s):
Legal questions
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)