An Investigation Into the Role of the Kenyan Judiciary in Enhancing the Right to Housing Under a Transformative Constitution

Abstract

The 27th of August, 2010 ushered in a new dawn: Kenya through its leadership promulgated the Constitution of Kenya, 2010, which has been hailed as a transformative Constitution. The foresaid event marked the beginning of a transformational journey in so far as the administrative, governance, social-economic, and cultural structures of Kenya are concerned. In this regard, the new dispensation guaranteed the protection of political, civil, social- economic and cultural liberties under the banner of the Bill of Rights. Placing reliance on the text of Article 20(3) and 20(5) of the transformative Constitution, the obligation of enforcing fore mentioned rights is ultimately bestowed on the judiciary. My study keenly interrogates the progress made by the judiciary in enhancing the foresaid rights. It specifically concentrates on the right to housing as contemplated in Article 43 of the Constitution of Kenya, 2010. In analytical form, the study employs the High Court of Kenya judicial precedents, in so doing; it brings out the difficulties faced by courts and in turn offers probable solution