Memba & 3 others (Suing on their own behalf and behalf of their families and all the members of the over 500 members of Upendo Group All Residents and Ajofato Garrages Wilson Airport Welfare being residents and occupiers of Land Parcel N0.209/1064) v Transmara Printers and Stationery Limited & 4 others; Economic and Social Rights Centre (Hakijamii) (Interested Party) (Environment & Land Petition E043 of 2021) [2022] KEELC 3339 (KLR)

Article 22 expands standing to include persons acting on behalf of others, in the interest of a group, or in the public interest. The Petitioners averred they were residents of Upendo II Village suing for themselves, their families and over 500 members of the residents' welfare associations. Relying on Mumo Matemu, the court held that standing is broadened by Article 10 values and the objection fails absent bad faith.

The Bill of Rights binds all persons (Articles 2(1) and 20(1)), so the 1st Respondent, though a private registered owner, is liable horizontally alongside the state. Relying on UN General Comment No. 7 and the statutory eviction procedure in sections 152C and 152D of the Land Act, the court found the demolition was done at night, without notice, without a lawful court order, and without procedural protections.

Applying the four elements of civil contempt, the order was clear and served, but the application did not specify when the breach occurred. The alleged demolitions took place on 20th October 2021, before the orders were issued, and conduct predating an order cannot constitute contempt of it.

Article 23 permits compensation as constitutional relief, and comparative jurisprudence (Fose v Minister of Safety and Security) treats it as a distinct remedy guided by common law damages. However, constitutional general damages are limited to proven loss. The Petitioners adduced no evidence of how the Ksh 150,000,000 figure was computed and did not identify the persons to be compensated, so the award could not be granted.