LSK demand immediate halt to Makongeni demolitions over lack of compensation
The Law Society of Kenya (LSK) has called for an immediate halt of the ongoing demolition of homes in Makongeni Estate, Nairobi, citing the failure to compensate residents as a breach of their constitutional rights.
Hundreds of the affected families are yet to receive the little compensation extended to evictees and were taken by surprise when bulldozers descended on their homes.
The once posh estate has deep historical pre and post independent Kenya with immeasurable sentimental value and is home to at least 40,000 Kenyans.
LSK President Faith Odhiambo warned that the ongoing evictions violate Supreme Court standards requiring notice, dignity and protection of vulnerable groups.
“We are aware that residents had been issued with notices to vacate, subject to payment of Relocation Facilitation Funds. However, the majority are yet to receive their compensation, making the notices ostensibly ineffective,” she said.
She noted that the Supreme Court ruling in Musembi v MEC (2021) sets out minimum standards for evictions, including, giving written notice, conducting evictions in a manner that respects the dignity, right to life and security of affected persons, protecting the rights of women, the elderly, children and persons with disabilities and allowing affected persons the first opportunity to demolish and salvage their property.
“These ongoing demolitions offend these fundamental principles and should therefore be suspended to protect residents’ rights. We intend to take the necessary legal interventions to uphold the rule of law,” she added.
The LSK also expressed concern over the arrest of Makongeni Estate Residents Association officials, including Chairman Samuel Ngugi, calling for their immediate release.
“Attempts to secure their release on police bail have been denied. We urge the police to present them to court first thing tomorrow morning,” she wrote on X on Sunday.
On Sunday, hundreds of residents were caught off guard as excavators, escorted by anti-riot police officers, moved in to demolish the estate’s old structures. Many who had not yet completed the five-day notice period scrambled to salvage their belongings.
Some residents remain uncompensated, even as most houses have already been vacated following public engagements since last year.
Makadara Member of Parliament (MP) George Aladwa defended the process, noting that residents had been compensated to facilitate their eviction.
“We agreed that owners would be given Sh150,000 and cards enabling them to own bedsitters in the project. The Housing Board has been sending the money and issuing cards to the 4,500 registered people,” he said.
He added that the project, scheduled for completion in two years, will include residential blocks, commercial space, schools, hospitals, green parks, and other modern infrastructure.
Aladwa accused some opponents of inciting youth to disrupt the demolition.
“They are paying young people to block roads and cause disruptions. As the area MP, I would not have allowed the demolition if the process was not certified. I know I may lose some votes, but I am doing this for the people I represent. They will benefit once this project is complete,” he said, commending residents who left willingly.
