The High Court on Thursday, July 27, quashed a case filed by the Kenya Human Rights Commission (KHRC) to have the over 5,000 Kariobangi residents evicted by the government in 2020, compensated for the loses incurred.
The ruling drew instant condemnation from the Kenya Human Rights Commission (KHRC) which described the ruling as regressive.
In a statement, the human rights lobby observed that countless lives had been unfairly shattered expressing the firm belief that justice would finally prevail, indicating that the commission could challenge the ruling at a higher court.
"The evictees had held onto hope that justice would prevail within the walls of the High Court but alas, it has delivered them a crushing blow instead.”
In May 2020, the residents were forcibly evicted from their homes at the height of the coronavirus pandemic, to pave way for development.
In their quest for justice, the evictees, with the help of KHRC moved to court and sued the government.
After three years, the court finally rendered a judgement that concluded the case lacked merit.
Besides faulting the High Court ruling, the commission called out the government for the brutal eviction and failing to adequately compensate the victims.
“Homes that embodied lifetimes of memories and properties worth millions of shillings were callously destroyed under the watchful eyes of government representatives and institutions entrusted with safeguarding justice,” the statement added.
In 2020, the evictees were caught unawares when the government carried out a harsh eviction operation, deploying bulldozers and police officers to Kariobangi Sewage Estate.
The eviction occurred during the COVID-19 pandemic, when a dusk-to-dawn curfew was enforced throughout the country. As such, the residents were mercilessly uprooted from their homes, a situation which attracted nationwide condemnation.
Shortly after the Kariobangi incident, city authorities carried out forced evictions in the Ruai informal settlement, resulting in the displacement of over a thousand residents.
It is worth noting that a significant portion of Nairobi's population resides in informal settlements. These areas are characterised by homes constructed from corrugated tin sheets, lacking essential amenities such as proper sewage, electricity, and water systems.
The Kenya Human Rights Commission (KHRC) is now facing a dilemma regarding the appropriate course of action to provide further assistance and remedy to the evictees.
“Where can they turn now? Where will they find solace after such unimaginable hardship? The evictees continue searching for answers—answers they so desperately deserve but have been denied by today's decision,” the commission asserted.
