Minister condemns demolitions as House team adjourns hearings

Youth Affairs and Sports assistant minister Kabando wa Kabando has condemned the demolitions of houses in Nairobi saying there was no Cabinet resolution to that effect November 25, 2011. FILE

An assistant minister has condemned the demolitions of houses in Nairobi saying there was no Cabinet resolution to that effect.

Youth Affairs and Sports assistant minister Kabando wa Kabando said the demolitions in Syokimau and Eastleigh were unconstitutional and had deprived Kenyans of private property.

"It is unconstitutional to randomly and recklessly flash out tenants without prior alternatives on settlement. Section 40 of the Constitution prohibits the State from arbitrary deprivation of private property," Mr Kabando said in a statement Friday.

"The state must abide by this Section and promptly and in full compensate all the demolished house owners and tenants."

His remarks came as a Parliamentary committee looking into the matter adjourned after it emerged that those summoned to appear were engaged elsewhere.

Chair of the Joint Parliamentary on Lands, the National Security, Administration and Transport Mutava Musyimi told reporters the officials his team had called were on "official duty out of Nairobi".

The Committee had summoned the PS in the Ministry of Internal Security Francis Kimemia, Nairobi Provincial Police Boss Anthony Kibuchi and his deputy, Provincial Commissioner Njoroge Ndirangu and Embakasi OCPD.

The five were expected to justify the security reasons that drove the government to flatten houses near the Jomo Kenyatta International Airport and the Mitumba slums near the Wilson Airport.

The Mukurweini MP said the Cabinet had not approved the demolitions and called for the sacking of officials involved.

"All officers who executed the fake orders must be sacked. Since Cabinet did not approve or advise on demolitions, who did?" he posed.

"There was no cabinet resolution and if there was, its impunity. Eastleigh demolitions seem to be targeting decades-old genuine legal investments. Ministers and government officials responsible should resign for presiding over and abetting crime by their officers and victims must be compensated."

But as the Musyimi team was preparing to grill them at the County Hall, Mr Kimemia had written to the Clerk of the National Assembly requesting that the meeting be postponed to next week.

“We take it in good faith because apparently they got our letters (of invitation) only Thursday. We also understand that some of these officers are travelling,” said Mr Musyimi.

Mr Kimemia had said in the letter that Mr Ndirangu was out of town and would therefore not attend the questioning.

The House team declined to have some of the officials appear Friday, saying it would want to have all of them at the same time.

“In the wisdom of the Committee, we would feel that they all come together.”

Consequently, the officials will now appear before the Committee on Monday at 3pm. This will be after the MPs have toured Eastleigh and Mitumba slums in Nairobi where houses were demolished for security reasons.

Mr Musyimi said they would later invite the Eastleigh and Mitumba residents to give their views on Thursday in the morning.

The government started destroying houses it said were near key facilities, citing security reasons. But some residents have since successfully obtained a court order halting the demolition. (READ: Court halts demolitions near military base)