Judge blocks slums evictions
What you need to know:
- This marked a win in the first round in which the dwellers have sued the government for failing to grant them security of tenure over the land they occupy.
- The petitioners, Muungano wa Wanavijiji, argued that the government had contravened fundamental rights such as the right to housing and tenure of land, all enshrined in the Constitution.
- Former President Daniel arap Moi has been named in the suit as a respondent together with other prominent personalities during his regime who include Baringo Central MP Sammy Mwaita, former Kanu secretary general Joseph Kamotho, Mr James Raymond Njenga and Mr Wilson Gachanja.
The government has been restrained from evicting Mukuru kwa Reuben slum dwellers until a case is heard and determined.
Mr Justice George Odunga issued orders restraining the government and nine other registered land title holders from evicting the more than 100,000 dwellers.
This marked a win in the first round in which the dwellers have sued the government for failing to grant them security of tenure over the land they occupy.
The judge additionally ordered that the title holders should not lease the land or use it as collateral in the duration of the hearing.
The petitioners, Muungano wa Wanavijiji, argued that the government had contravened fundamental rights such as the right to housing and tenure of land, all enshrined in the Constitution. (READ: Nairobi slum lords set for epic battle with squatters)
Former President Daniel arap Moi has been named in the suit as a respondent together with other prominent personalities during his regime who include Baringo Central MP Sammy Mwaita, former Kanu secretary general Joseph Kamotho, Mr James Raymond Njenga and Mr Wilson Gachanja.
A lawyer for the petitioners said the former president should tell the court how several pieces of land in the Mukuru area were awarded to high level government personalities serving in his government.
The dwellers, drawn from the Mukuru kwa Reuben and Mukuru kwa Njenga slums, marched along the Nairobi streets to oppose the planned evictions by those they claimed were influential and connected individuals in the government.
According to Mr Abraham Korir, one of the lawyers representing the dwellers, the land was an entity trusted to the government by the people and therefore selling it illegally to certain individuals was unconstitutional.
“We are demanding that the constitutional rights of these Kenyans be respected and any possible evictions be stopped pending the determination of this case,” he said.
They further claimed that Mr Moi, during his tenure, conspired with the then commissioner of lands and issued title deeds to the individuals.
The dwellers who later marched to the Ministry of Lands offices were concerned that evictions would render them homeless. They then marched to the High Court where they filed a legal suit.
