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Periodical article Periodical article Leiden University catalogue Leiden University catalogue WorldCat catalogue WorldCat
Title:Nothing but a mass of debris: urban evictions and the right of access to adequate housing in Kenya
Author:Juma, LaurenceISNI
Year:2012
Periodical:African Human Rights Law Journal (ISSN 1609-073X)
Volume:12
Issue:2
Pages:470-507
Language:English
Geographic term:Kenya
Subjects:eviction
urban areas
jurisprudence
housing policy
social and economic rights
legislation
Abstract:The article explores the opportunities that the new constitutional dispensation in Kenya has created for the protection against unlawful eviction of poor populations living in urban centres. It analyses the content of the right to accessible and adequate housing as provided for in article 43 of the Constitution of Kenya and articulated in various international instruments, and traces how this provision has been applied in the eviction cases that the Kenyan courts have decided. From this analysis, the article suggests that the new constitutional dispensation has opened up possibilities for rights enforcement that the courts as well as administrative organs should take advantage of. It also makes tangible suggestions on how to improve rights litigation in this regard, such as affirming the rights of access to courts and seeking further judicial oversight prior to any eviction and the promulgation of enabling legislation. Notes, ref., sum. [Journal abstract]
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