Over 500 families living in Mombasa's Buxton estate were evicted on Saturday, March 6, to pave way for the construction of 1900 units in the Ksh6 billion housing project.
Buxton is among 10 estates in Mombasa which had been earmarked for demolition to pave way for the construction of new housing units by the government. The project was launched by Mombasa Governor Ali Hassan Joho.
Families were left counting losses after the bulldozers embarked on the demolitions. Household items were left scattered everywhere as families prowled the scene in an attempt to salvage their properties.
According to one of the tenants, unknown people cut off the water supply and electricity within the estate. This, they claimed, is in a bid to kick them out of the estate before they received their relocation package.
Reports indicate that all families were to receive a cheque of Ksh240,000 meant to facilitate their relocation plans. However, most families claim that they are yet to receive the funds.
They appealed to the county government of Mombasa-primarily Governor Hassan Joho to look into the pertinent issue.
Recently, Justice Sila Munyao of the Mombasa Environment and Land court dismissed the petition opposing the construction of the multi-billion project in Buxton estate.
Judge Munyao ruled that all tenants had been given enough time to vacate the premises and stated that the housing project would not be a violation of the tenant’s rights
“I have accessed the manner in which the tenants in Buxton are expected to vacate and found it does not in any way violate their rights,” justice Munyao stated.
Further, he added that rent restriction act doesn’t apply to the government or local authority.
“I have not seen anywhere in the contract that when the landlord requires their houses back, they have to compensate the tenants. But the County has gone out of its way to make ex-gracia payment.
“I cannot hold the County Government given these circumstances and I can’t see how the tenants can argue that their constitutional rights have been violated,” the judge stated.
