Supreme Court Makes Landmark Ruling on Evictions

An undated file image of the Kenya Supreme Court
An undated file image of the Kenya Supreme Court
Kenyans.co.ke
File

Supreme Court of Kenya set aside a judgement by the Court of Appeal that allowed for the eviction of families that had lived in two informal settlements within Nairobi.

In its ruling, the Supreme Court overturned the Court of Appeal judgement noting that the state was wrong to evict William Musembi and other petitioners in 2013.

Further, the SCOK ruled that the state was in the wrong for evicting the petitioners without a valid court order which is a violation of their fundamental right to inherent human dignity and security guaranteed under Articles 28 and 29(c) of the Constitution.

Supreme Court of Kenya
Supreme Court of Kenya
Capital Group

The petitioners told the court they had lived in City Cotton and Upendo villages from 1963 and they were not given a valid court order to vacate the area.

Musembi with other petitioners had relocated to the settlement and had constructed semi-permanent houses and business structures. The government had supplied them with social amenities and they were also legally licensed to operate businesses.

But they were forcefully evicted and their properties demolished in May 2013 by a group of youth alleged to have been assisted by officers.

"These acts by the State may be regarded and considered by some, as acts of regression, which end up depriving the people of the rights that they should be enjoying. They are a contradiction to the progressive realization principle and constitute a violation of those rights," the Supreme Court ruled.

"The State has to take a more drastic and purposive approach to its mandate and obligations in ensuring that the rights to the people of Kenya are not violated, or in the very least, that these rights are not deprived or denied,' the ruling continued.

Further, the Apex court noted that the petitioners will be paid Ksh250,000 each for damages. During her time at the High Court, Lady Justice Mumbi Ngugi ruled that the residents of the two villages were entitled to Ksh84 million as compensation for the illegal eviction. 

Their eviction was meant to create space for the expansion of the privately-owned Moi Educational Centre (MEC).

Justice Ngugi had ordered MEC to bear the greatest burden of payment, as it was ordered to pay Ksh50.4 million, while the government will cough up Ksh33.6 million.

Kenyan High Court Judge Mumbi Ngugi
Kenyan High Court Judge Mumbi Ngugi.
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