A critique of the Supreme Court’s pronouncements on international law and the right to housing in Kenya in Mitu-Bell Welfare Society

Abstract

Kenyan courts have long grappled with questions surrounding the place of international law in the legal landscape particularly after the promulgationof the 2010 Constitution. Moreover, socio-economic realities have created conditions such as poor and inadequate housing for portions of society, a significant number resultantly having to reside in informal settlements all over the country. Unregulated demolitions of these settlements have left thousands of these already precarious slum dwellers homeless and destitute. In light of these issues, the case of Mitu-Bell Welfare Society v Kenya Airports Authority & 2 others; Initiative for Strategic Litigation in Africa (amicus curiae) was expected to bring about clarity on the application of international law to issues such as human rights, as well as provide a definitive interpretation of the right to housing that would help mitigate injustices in this area. This paper analyses the Supreme Court of Kenya’s decision in Mitu-Bell Welfare Society, canvassing how the court addressed the applicability of international law and the interpretation of the right to housing.