This case is Kenyan Supreme Court decision upholding a High Court ruling protecting the right to housing, regardless of land title, guaranteed under Article 43 of the Constitution. Even if private landowners have the right to evict, they are liable for damages if they evict in an unconstitutional manner.
This case importantly upholds the right to housing as a human right, directly tied to human dignity. Forced evictions are illegal under international law, and this case importantly holds the Kenyan government to that standard.
The Supreme Court clarified that private entities have the obligation, pursuant to Article 20 (1) not to violate Article 43 rights because the Bill of Rights requirement not to violate rights applies both horizontally and vertically, binding both the State and all persons. However, unlike the High Court, the Supreme Court ruled that the first respondent, as a private entity, is not mandated to ensure the realization and protection of social and economic rights. The Supreme Court held that the Court of Appeal correctly found that the progressive realization of Article 43 rights is the mandate of the State and does not extend horizontally to private entities.
For their contributions, special thanks to ESCR-Net members: the Program on Human Rights and the Global Economy (PHRGE) at Northeastern University.
