Kenya: Major Kenyan housing rights decision
The High Court in Kenya has relied upon the work of Stuart Wilson, the Socio-economic Rights Institute of South Africa's director of litigation, in granting a conservatory order preventing the eviction of thousands of informal settlers in Nairobi. In granting the order, Mr. Justice Musinga held that 'Eviction should not result in individuals being rendered homeless or vulnerable to the violation of other human rights. Where those affected are unable to provide for themselves, the State party must take all reasonable measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case may be is available.' The Judge also urged the Kenyan government to adopt a comprehensive housing policy which includes measure to provide interim relief for desperately poor people facing eviction.