Squatters get Sh84m for eviction

More than 300 squatters in Nairobi have been awarded Sh84 million for eviction from a three-acre piece of land.

The 336 residents of City Cotton and Upendo villages in Nairobi South ‘C’ had their houses demolished by a group of youths on May 10, 2013 under the watch of armed police officers.

Their eviction was meant to create space for the expansion of the privately owned Moi Educational Centre (MEC).

Lady Justice Mumbi Ngugi ruled that the residents are entitled to Sh84 million as compensation for the illegal eviction. The figure could hit Sh100 million as the judge awarded them costs of the petition and interests.

MEC will bear the greatest burden of payment, as it was ordered to pay Sh50.4 million, while the government will cough up Sh33.6 million.
“Moi Educational Centre was the author of the unlawful acts that led to violation of the petitioner’s rights and the State, through the national police, chose to aid it against the interests of the poor, marginalised villagers,” said Lady Justice Ngugi (below).

The judge had no kind words for the police, saying it was time they stopped being used by powerful people in society to perpetrate unconstitutional acts on poor citizens.

“It is important for the police to remember that their duty is to safeguard the rights of all, especially the vulnerable in society, the poor, children, the elderly and persons with disabilities. They should not be used by people, however powerful, to carry out unlawful acts on poor citizens,” she ruled.

EVICTED 200 FAMILIES

The petitioners say they had been living on the land since 1968 and it was unalienated land where only government houses had been erected.

Some time in the 1980s, they said, MEC invaded the land and evicted about 200 families and through the influence of retired President Moi, they were then settled on an adjacent land.

They added that although the former President promised to give them an alternative piece of land, the government, in 1991, unlawfully granted MEC the title, which left them with only three acres that they continued to stay on as squatters.

Then, on May 10, 2013, the petitioner said, the armed youths “brutally evicted” them without prior notice.

In the process, the residents were unable to salvage their possessions and were left homeless and with no property.

Lady Justice Ngugi ruled that it was inhuman to evict the people without any court order or prior notice to enable them to find an alternative dwelling place.

“The eviction and demolition of houses was the most degradation of human dignity.

“They did not accord the children an alternative shelter and went ahead to violate the rights of the elderly, who had called the place their home,” ruled Judge Ngugi.

She noted that it was unfortunate that the Attorney-General chose to defend the Moi Educational Centre instead of the poor, who had no alternative but to live in shanties after their houses were demolished.

“Unlike birds, people whose dwellings have been demolished will not fly away and perch on a tree to rebuild their nests,” she said.