CERTIFICATE OF URGENCY I, MBUGUA MUREITHI ... - Hakijamii

REPUBLIC OF KENYAIN THE HIGH COURT OF KENYA AT EMBUCONSTITUTIONAL PETITION NO. OF 2011IN THE MATTER OF: ARTICLES 2(6), 22(2)(a), (3)(d), 23(1), (3) &165(3)(a),(b),(d)(i), (ii) OF THE CONSTITUTIONOF KENYA 2010IN THE MATTER OF: CONTRAVENTION OF FUNDAMENTAL RIGHTSAND FREEDOMS UNDER ARTICLES 26(1),(3),27(1),(2), 28, 29(c),(d),(f), 35, 40(1)(a),(b), (3), (4),43(1)(b),(c),(f), 45(1), 47(1),(2), 50(1), 53(c),(d), (2) &57(b) and (c) OF THE CONSTITUTION OF KENYABETWEENIBRAHIM SANGOR OSMAN …….……………….……..…..……PETITIONER(ON HIS OWN BEHALF ANDON BEHALF OF 1,122 EVICTEES OF MEDINALOCATION, MUNICIPAL COUNCIL OF GARISSA)-VERSUS-1. THE HON. MINISTER OF STATEFOR PROVINCIAL ADMINISTRATION& INTERNAL SECURITY2. THE MUNICIPAL COUNCIL OF GARISSA3. THE HON. MINISTER FOR LANDS4. THE HON. ATTORNEY GENERAL……………………RESPONDENTSCERTIFICATE OF URGENCYI, MBUGUA MUREITHI advocate having the conduct of the Applicationherein on behalf of the Petitioner do hereby certify that the Applicationherein is extremely urgent for reasons THAT:-1. On 24 th , 31 st December 2010 and 11 th February 2011 the Respondentswithout any court order, notice or any information, first demolishedthe homes and later threatened to demolish the temporary shelters ofthe Petitioner and the 1,122 of his co-evictees without providing themwith alternative, housing, shelter and/or accommodation and left themto live in the open exposed to the elements and the vagaries of natureand without provision of any basic human necessities including food,water and sanitation.2. The Petitioner and 1,122 of his co-evictees have been occupying andresiding in the affected areas openly, peacefully and uninterruptedly1

since the 1940s where they have built their permanent and semipermanenthomes.3. The Respondents have not provided the Petitioner and the 1,122 coevicteeswho include women, elderly persons and children withalternative shelter, accommodation or any basic human necessitiesand have left them to live in the open exposed to the elements andvagaries of nature.4. The Respondents have no legal authority to forcibly evict thePetitioner and the 1,122 co-evictees without court orders, withoutnotice and without provision of alternative accommodation and/orshelter and the evictions are in violation of the Constitution of Kenya.5. Unless restrained by this Honourable Court the Respondents willcontinue with the demolitions and evictions of the Petitioner and the1,122 co-evictees from their current temporary shelters renderingthem completely destitute.THE APPLICATION is further supported by the annexed affidavit ofIBRAHIM SANGOR OSMAN and such other grounds as may be canvassedby Counsel at the hearing.DATED AT NAIROBI THIS DAY OF 2011MBUGUA MUREITHI & CO.(ADVOCATES FOR THE APPLICANT/PETITIONER)DRAWN & FILED BY:-MBUGUA MUREITHI & CO. ADVOCATES4 TH FLOORJOSEM TERUST HOUSE (housing Barclays Bank)MASABA ROAD, OFF BUNYALI ROADUPPERHILL, NEXT TO NIC BANKP.O. BOX 52969 (00200)NAIROBI.TO BE SERVED UPON:-1. THE HON. MINISTER IN-CHARGE OFPROVINCIAL ADMIN & INTERNAL SECURITYOFFICE OF THE PRESIDENTHARAMBEE HOUSENAIROBI.2

2. THE TOWN CLERKMUNICIPAL COUNCIL OF GARISSAGARISSA.3. THE HON. MINISTER FOR LANDSMINISTRY OF LANDSARDHI HOUSENAIROBI.4. THE HON. ATTORNEY GENERALATTORNEY GENERAL’S CHAMBERSSTATE LAW OFFICESHERIA HOUSENAIROBI.3