Mombasa court halts evictions of Khadija estate residents

Khadija estate that the Mombasa County government plans to demolish and construct new modern houses. Residents have obtained court orders halting their eviction. FILE PHOTO | LABAN WALLOGA | NATION MEDIA GROUP

What you need to know:

  • The county government plans to demolish the houses to pave way for a Sh200 billion housing project.
  • But residents argue that the estate is their only home and that some of them have lived in it for more than two decades.
  • They claimed that forceful eviction would render them homeless.

Residents of Mombasa’s Khadija estate which earmarked for demolition to pave way for a Sh200 billion housing project have obtained temporary orders barring their eviction.

Justice Eric Ogola issued the orders restraining the county government from interfering, demolishing, alienating, disposing or evicting the residents and dealing with Khadija estate pending hearing of their application.

The residents claim that the county government has been issuing eviction notices to them on different “flimsy” grounds and even carried out forceful evictions against some of them.

Through lawyer Gikandi Ngibuini, the residents argue that the estate is their only home and that some of them have lived in it for more than two decades.

They claimed that forceful eviction would render them homeless and that the petition they have filed has overwhelming chances of success.

ILLEGAL EVICTIONS

In the petition, the residents who have sued the county government and the county secretary said they have recently been issued with of ejection notices followed by forceful and illegal evictions.

“For a long time, the petitioners have enjoyed quiet and peaceful occupation of the suit property, some even for decades. However, this has changed over the past year with the alleged renewal and development of old estates,” read the petition.

According to the residents, the county government has refused to receive rent payment from them for a long time.

“The respondents have been using this mischief to issue verbal eviction threats and written notices to the petitioners,” the petition further stated.

The residents now want the court to declare that they are entitled to quiet and peaceful occupation of the estate and prevent the county government from evicting them without proper understanding.

They also want the county government ordered to recall all those who were forcefully evicted.