NAIROBI, Kenya Jul 30 – The High Court has scuttled a planned demolition of houses in Nairobi’s Shauri Moyo and Starehe estates.
A notice from the Ministry of Transport, Infrastructure, Housing and Urban Development was to come to effect on July 31, 2019.
Justice James Makau, gave over 1,500 families residing in the state a reprieve when he ruled on Tuesday that no demolition is take place at the two estates until a case challenging the decision to demolish the houses is heard and determined.
The judge concurred with the applicant’s lawyer Nyaboga Mariaria,that the occupants have not been given alternative place to relocate to.
The lawyer told the court the notice was to be effected by the Ministry and Nairobi County Government.
A total of 359 houses were to come down, including others occupied by tenants for more than 20 years.
According to the residents Chairman Adam Katana Shahenza, the planned demolition is grounded on mischief as there are already developers linked to the acquisition of land.
“It is apparent that the ministry and the county government are involved in the pre-mature execution as they have not complied with stakeholders’ resolutions and the Kenya Affordable Housing Programme Development Framework Guidelines “(KAHPDFG),” the lawyer submitted.
He claimed that the County Government intents to to evict the families from their houses without adequate notice.
The petitioners states that they are government employees, law abiding citizens and are entitled to be treated well at all in a humane manner at al times during any process.
Starehe and Shauri Moyo estates have been earmarked for development by the ministry under Private Public Partnership (PPP)”.
“Some of the resolutions that were passed by stakeholders and the implementing agency, the Nairobi County Government, were that the residents will be allocated the houses that will be constructed in the empty spaces after meeting the terms and conditions during the allocation of the finished houses and that no resident will be evicted during the development of the houses” Mariaria told the judge.
The lawyer submitted that, in case the eviction is effected, the residents be given adequate time as provided by law.
He further said that enumeration has not taken place and therefore, the intended eviction is a nullity.
The judge directed parties to exchange suit documents and return to court on November 5.
