President William Ruto‘s administration suffered a setback after the High Court gave orders on the evictions that rocked Nairobi estates, including Mathare, Gwa Kairu, Mukuru Kwa Ruben, and Kiamaiko slums.
Earlier in the year, the government forcibly evicted the residents from their homes for allegedly occupying riparian land.
Hundreds were left homeless amid worsening weather conditions and floods as a result.
Justice Mogeni Ann Jacqueline in her ruling on Monday, November 4, ordered the government to compensate the residents, affirming that they are entitled to fair and just compensation for their personal property and losses.
This came after the residents in a petition by Sheria Mtaani challenged the government’s decision to evict them, arguing that they were not provided with alternative shelter.
The Cabinet Secretaries for Interior and Environment, the National Disaster Management Authority and the Attorney General were listed as respondents.
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In her ruling, the judge stated that the government was aware of the residents’ settlement in these areas but failed to relocate them humanely.
High court orders compensation of victims of evictions
The judge emphasized the government’s obligation to treat its citizens with dignity, highlighting that despite the absence of a specific eviction law, Kenya is a signatory to international conventions governing humane eviction practices.
She further criticized the government’s approach, describing it as treating the residents “like garbage” and forcibly removing them in an inhumane manner.
“A declaration be and is hereby issued that each of the Petitioners from Mathare, Gwa Kairu, Mukuru Kwa Ruben and Kiamaiko arbitrary evicted are entitled to a fair and just compensation for losses of personal, real or other property or goods,” the court ruled
The ruling adds, “Judgment is hereby entered in favor of the petitioners against the respondents for general damages, with a sum to be determined by a joint team of evictees and respondents within 120 days, and no later than April 2025, to assess the extent of losses and arrive at a reasonable compensation amount.”
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Also Read: Kenya’s Flood Evictions May Violate the Law- Scholar
Additionally, the court ordered that compensation be paid within 60 days after the assessment is completed, with a report to be filed in court at the end of that period.
The ruling comes after the residents through their petitioner highlighted the severe impact of the eviction, noting that the lack of adequate notice left them vulnerable to harsh weather conditions, causing both mental and physical suffering.
Government order
This came after floods left at least 270 dead, displaced more than 200,000 and destroyed property, infrastructure and livelihoods across the country.
In Nairobi, hundreds of people in informal settlements were left homeless and thousands were displaced.
Following the floods, the government ordered the evacuation of people from flood-prone areas, resulting in the demolition of houses and the loss of at least one life in the melee caused by the forced evictions.
Former Deputy President Rigathi Gachagua was on the spot for standing with the victims of state-sponsored evictions. Ruto’s allies accused Gachagua of disrespecting his boss and contradicting Cabinet policies.
Gachagua had argued that the government should have treated the victims humanely and provide alternative shelter for them.
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