The Law Society of Kenya has announced plans to lodge a case at the court to challenge the government's decision to demolish houses to provide space for affordable housing across the country.
LSK President Faith Odhiambo, while responding to the plight of hundreds of families whose houses were demolished in Nairobi's Makongeni Estate in Makadara Constituency, revealed that the society was concerned by the demolitions, which were a violation of their rights.
“The ongoing demolitions offend fundamental principles of law and human rights and should therefore be suspended in the interests of all residents,” Odhiambo said.
According to the LSK statement, Makongeni Estate, home to some 40,000 Kenyans, had been earmarked for the construction of an affordable housing project. Residents had received notices to vacate subject to payment of Relocation Facilitation Funds, but the majority had yet to receive compensation, making the notices effectively ineffective.
“The residents had been issued with notices to vacate, subject to payment in their favour of Relocation Facilitation Funds. However, the majority of residents are yet to receive their compensation,” the statement said.
The society cited an earlier Supreme Court ruling, which requires evictions to follow minimum globally recognised standards.
These include giving written notice, carrying out evictions with respect for dignity and security, and protecting women, children, the elderly, and persons with disabilities.
Odhiambo emphasised that the demolitions were inconsistent with these principles. “We intend to take the necessary legal interventions to uphold the rights of these citizens and promote the rule of law,” she added.
LSK further expressed concern over the arrest of officials from the Makongeni Estate Residents Association, including Chairman Samuel Ngugi, who were reportedly detained for opposing the evictions, with attempts to secure their release on police bail having been unsuccessful.
The society has called on the police to present the arrested officials to court without delay, warning that it will pursue legal action to safeguard the rights of affected residents and ensure the law is upheld.
On Sunday, the residents, while addressing journalists, revealed that despite the evictions, the government was yet to honour its eviction payment of Ksh150,000, which they, however, said was too little.
Makadara MP George Aladwa, however, defended the government, saying the residents had been offered the Ksh150,000 relocation facilitation and urged them to move out to pave the way for development.
