Court Halts Makongeni Evictions and Demolitions

The Environment and Land Court has temporarily stopped the ongoing evictions and demolitions in Nairobi’s Makongeni Estate, granting a reprieve to hundreds of households caught up in the operations.

The orders were issued after the Makongeni Residents Association and five other petitioners filed an urgent case challenging the legality of the evictions. They argued that the exercise was being carried out without adhering to due process.

In a ruling delivered on Monday, Justice Charles Mbogo certified the matter as urgent and directed that the application be served on the respondents before a full interpartes hearing. He also granted conservatory orders halting any further evictions or demolitions.

The orders restrain the Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board from displacing residents or removing any structures in the estate until the case is heard.

According to the ruling, the court is “pleased to issue a conservatory order stopping the respondents and any person acting under their authority from demolishing or continuing with the demolition of houses in Makongeni Estate” pending determination of the petition.

The petitioners also accused authorities of disconnecting water and electricity during the eviction exercise. Justice Mbogo’s orders now clear the way for the immediate restoration of the utilities as the court process continues.

The suspension comes as a blow to the planned redevelopment of Makongeni, which involves pulling down old units to construct new high-density affordable housing blocks. While the government insists the project is aimed at bridging the housing deficit in Nairobi, affected families say the manner in which the evictions were conducted violates their constitutional rights.

Earlier on Monday, the estate was a hive of activity as residents rushed to salvage their belongings ahead of the demolitions. Many were seen loading their property onto pickups, lorries and handcarts after being instructed to vacate the houses by December 2.

Authorities say most residents have already received compensation of Sh150,000 to facilitate relocation, and have been assured of priority in allocation once the new units are completed.

Some families facing displacement have lived in Makongeni for more than 60 years.

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