Rail/FILE
The High Court has blocked Kenya Railways Corporation from evicting residents from the Muthurwa estate in Nairobi.
The decision was made after the court found that the agency had yet to comply with orders issued more than a decade ago requiring safeguards to protect the constitutional rights of residents facing eviction.
Justice Lawrence Mugambi ruled that while Kenya Railways remains the lawful owner of the land and is entitled to seek vacant possession, it cannot enforce an eviction without first satisfying conditions imposed by the court in a landmark 2013 judgment on forced evictions.
The judge traced the dispute to an August 26, 2013 decision in which the High Court held that the manner in which residents were evicted from the railway reserve in July 2010 violated their right to accessible and adequate housing under Article 43 of the Constitution.
To prevent future unlawful evictions, the court directed the State to develop and disclose legislative and policy measures governing evictions and demolitions.
It also ordered the government to explain the steps taken to realise the constitutional rights to adequate housing and reasonable sanitation.
In addition, the court required Kenya Railways and the residents to jointly develop an eviction programme that would ensure any future eviction complied with constitutional and international human rights standards.
The safeguards included the presence of government officials during the exercise, protection of residents’ dignity and security, prohibition of night-time evictions, and ensuring that evictions were not carried out during school examinations, holidays or adverse weather conditions.
Justice Mugambi observed that although those directions were issued over a decade ago, no proof had been presented to show that the State complied with the requirement to file information on the legal and policy framework governing forced evictions.
“No such evidence was exhibited in the
interpretation notwithstanding that it is now 13 years since the order was
issued,” the judge stated.
According to the judge, Kenya Railways could not seek to enforce only the part of the earlier judgment allowing residents to vacate while disregarding the accompanying obligations imposed on the State.
“It is therefore my considered view that prior to the petitioners’ eviction being ordered, an integrated order that includes all the components comprised in the order issued 13 years ago must be complied with,” Justice Mugambi ruled.
He added that “partial or selective implementation of certain components alone or leaving out others is impermissible and cannot be sanctioned by this Honourable Court.”
The court therefore dismissed Kenya Railways’ application, effectively halting the planned eviction until the outstanding court directives are fully implemented.
