Justice in development What is the import of section 152F 2(b) on development induced forced

Abstract

Forced evictions are a global issue and have led to the displacement of millions of people. The forced eviction regime in Kenya allows a person to seek redress from the court against an eviction notice that has be issued to them. This redress is enabled under Section 152F of the Land Act as well as Article 40 of the Constitution of Kenya on the right to property. The court is called upon under Section 152F (2) (b) to decide on the matter in a just and equitable manner. There is no substantial body of jurisprudence on what ‘just and equitable’ means in the context of forced evictions. This paper will attempt to answer that question in the context of forced evictions done for infrastructure projects and with the use of jurisprudence developed in South African courts on the same.