Judgment-High Court Petition No 164 of 2011 - Hakijamii

the Constitution of the Republic of Kenya and is therefore nulland void.(b) A declaration that any forceful eviction and or demolitionwithout a relocation option is illegal, oppressive andviolates the rights of the petitioners.(c) An order restraining any purported demolition and or forcefuleviction by the 2 nd Respondent against the Petitioners.(d) A declaration that the resident of Mitumba Village are legallyentitled to plot number 209/12921 under file number 226958for Mitumba primary school and plot Number 209/12908under file number 176952 for the village respectively and inthe alternative they are entitled to compensation andreallocation of another land or alternative shelter withaccess to education facilities, clean water, health care andfood at the state’s expense.(e) A declaration that the Petitioners herein are entitled to thefull protection from discrimination and the same right hasbeen violated and they are entitled to full compensation as aresult of loss suffered during and after the illegal demolitionor their structures.(f)A declaration that the Petitioner’s herein and other membersof the public are entitled to the full enjoyment of the right toeconomic and social rights that are about to be violated andor already violated.(g) Costs of this Petition.• The Amended Petition is supported by the affidavit of Benjamin KaundaGishemba sworn on 1 st December 2011 and a further affidavit sworn on 21 st