THE STRATEGIC LITIGATION PANEL 2018

THE STRATEGIC LITIGATION PANEL 2018

The strategic litigation panel was held on 1st March at Palais de Nations in Geneva hosted by Caritas International and moderated by Leilani Farha UN Special Rapportuer on right to adequate housing. The panel focused on experience sharing of litigation cases from Kenya, Spain and Canada. Pauline Vata from Hakijamii shared the case on Ibrahim Sangor Vs AG (2011) and stated that Kenya is lucky to have justiciable housing rights under our Constitution 2010. We have had quite a number of successful housing cases including the Ibrahim Sangor case that led to a permanent injunction stopping future evictions from Medina/ADC land in Garissa. The challenge we now face is enforcement of successful judgments in terms of monetary awards. She also mentioned that International law has been narrowly interpreted by judiciary in Kenya with a specific case example being  the Mitumba Case Appeal where the learned judge stated that General comments do not form part of international law as ratified by Kenya. The UN SR on housing noted these challenges with concern and suggested a call to clarify role of General Comments together with other special rapporteurs among other strategies.

IMG-20180305-WA0003 IMG-20180302-WA0000