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Ex-gratia payments -or- a place to call home? The case of the Buxton Affordable Housing Project

In November 2022 as the country was marking the tenth anniversary since the establishment of the Environment and Land Court, I am reminded of the following shocking judgment in the case of Justus Chai Mbaru & 12 others -vs- the county government of Mombasa; National Land Commission & 19 others (interested parties) delivered on 3rd March 2021 by the said court:

“On my part, I think the petitioners should be grateful, because I have not seen any clause in their tenancy agreement that obligates the respondent to grant them alternative accommodation, in the event that the respondent needs its premises. It should not be forgotten that the relationship between the petitioners and the respondent is one […]