Mitu-Bell Welfare Society redux: A note on the strengths and weaknesses of the Supreme Court judgement
Keywords:international law, ‘bare minimum’ standards, socioeconomic rights, hierarchy of laws in Kenya, illegal/informal settlements, public land
This note reviews the case of Mitu-Bell Welfare Society in view of the concerns raised over the Supreme Court judgment, as well as points raised in its support. It argues that on one hand, the court laid down foundations for future interpretation that will help courts better address violations of socio-economic rights in Kenya. Importantly, the court addressed the rights of persons facing evictions in informal settlements and the ‘bare minimum’ standards that should be applied in such situations. On the other hand, the note agrees with those who have found issue with how the court canvassed the place of international law in Kenya.
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