Jomo Kenyatta University of Agriculture and Technology Law Journal

Abstract

This paper discusses the place of structural interdicts or post-judgment supervision in the enforcement of socio-economic rights in Kenya in light of the Court of Appeal judgment in Kenya Airports Authority v Mitubell Welfare Society and 2 Others. It argues that this decision reverses the gains made by the courts in Kenya in the enforcing socio-economic rights under Article 43 of the Constitution, and thus makes a case for the use of the structural interdicts in socio-economic rights litigation despite the misgivings by the Court of Appeal.