Provincial

Kibera upgrade plans hit a snag

By SAM KIPLAGAT
Posted  Wednesday, August 19  2009 at  23:38

In Summary

  • Slum dwellers claim they must be paid for property rights before being moved

Plans to upgrade Kenya’s largest slum ran into a legal hurdle on Wednesday when some residents said their old structures should remain intact.

The 84 residents of Soweto East in Kibera said they were not fighting their relocation to better accommodation but were against the demolition of their structures before they were compensated.

Through lawyer Kibe Mungai, they told Lady Justice Abida Ali-Aroni that they had property rights to the structures and plots they occupy and would only leave if they were adequately compensated.

Railway reserve

The residents claim to own approximately 550 acres adjoining Kibera railway station reserve.

The government, through a notice dated August 14, gave the slum dwellers up to September 15 to vacate their structures.

The relocation was to kick off tomorrow after a ceremony expected to be witnessed by President Kibaki and Prime Minister Raila Odinga.

Mr Mungai accused the government of disregarding residents’ interests such as land ownership.

“The applicants have a right to be given leases as this is not government land,” he said.

According to the lawyer, some of the residents — Nubians — were settled in the area by the government between 1960 and 1980.

Others, he said, were Mau Mau veterans and their descendants who were settled there after independence.

Mr Mungai emphasised that his clients were not against being moved to the new accommodation but the demolition of their old structures had to be stopped until consensus was reached.

Lady Justice Ali-Aroni certified the matter urgent and will make a ruling today.