The Environment and Land Court has halted the ongoing evictions and demolitions in Nairobi’s Makongeni Estate, offering temporary relief to hundreds of residents who are facing evictions.
The decision follows an urgent application filed by the Makongeni Residents Association alongside five other petitioners who argued that the demolitions were being carried out unlawfully.
In a ruling delivered on Monday, Justice Charles Mbogo certified the matter as urgent and directed that the application be formally served upon the respondents ahead of a full hearing.
“That the application will be heard interpartes together with the application dated November 19, and in the meantime, I hereby proceed to grant prayers 2, 3, and 4 of the application dated November 23,” he ruled, effectively issuing conservatory orders suspending all evictions and demolitions within the estate.
The conservatory orders bar the respondents—Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board—from initiating or continuing any form of displacement, demolition, or removal of property within Makongeni.
“That pending the hearing and determination of the application and petition, the court be and is hereby pleased to issue a conservatory order stopping the respondents and/or any person acting on their behest or instructions or authority from demolishing and/or continuing with the demolition of houses in Makongeni Estate,” reads part of the application cited in the ruling.
The petitioners had also sought restoration of essential services, including water and electricity, which they claim had been disconnected in the midst of the eviction operations.
Justice Mbogo’s orders now pave the way for the immediate reconnection of these utilities pending the outcome of the case.
The temporary suspension deals a setback to the planned redevelopment, which involves the demolition of old housing units to pave the way for modern, high-density affordable housing blocks.
The State has maintained that the project is part of efforts to address the urban housing deficit, but affected families insist that the approach taken violates their constitutional safeguards.
Earlier on Monday morning, it was a beehive of activity as residents of Makongeni Estate in Nairobi rushed to salvage their property.
The residents had been given notice by the government to vacate the houses to pave the way for the affordable housing project.
They were given until December 2 to vacate the houses.
Several residents were seen trying their best to get their property out of the houses as bulldozers descended in the area to pull down the houses.
Some were packing their property in pickups, handcarts and lorries as they moved out to have a fresh start.
The government said most of the residents have since been given their compensation of Sh150,000 to move and seek alternative accommodation.
The residents have, however, been assured by the government that they will be given priority during allocation once the project is complete.
Some of the residents have lived in the area for more than six decades.
by JAMES GICHIGI
