Right to housing vs right to land
The Right to Housing is guaranteed under Article 43 of the Constitution and its base need not be predicted upon the title to land. That was one of the issues the Supreme Court identified, in its ruling on the Mitubell Welfare Society appeal case, delivered as the celebrated former Chief Justice David Maraga exited office.
The Mitubell Welfare Society had filed a petition on behalf of its members and other residents of Mitumba village against Kenya Airports Authority and Commissioner of Lands.
At the time of filing the petition, which was prompted by a seven-day notice to vacate published in the newspapers sometime in 2011, the appellants were all residents of Mitumba village, situated on a plot near Wilson Airport, while their children attended Mitumba Primary School on the same location.