Woodley estate residents seek external intervention over 'illegal' evictions

Woodley estate residents conduct prayers after demolition.The residents, through their association, will know their fate on Monday 25th November 2024,judge will deliver virtually for the to prevention further demolition Woodley Estate or to pave way for Nairobi county to continue with the exercises.[Edward Kiplimo,Standard]

Residents of Woodley Estate in Nairobi are now calling for external intervention after the demolition of their homes in what they termed as an illegal and brutal eviction.

The residents, have written to the United Nations Secretary-General seeking justice and global attention to their plight, noting that the Kenyan courts denied them justice. 

“The purpose of this letter is to plead for your kind intervention in ensuring the residents of Woodley estate receive justice, protection and compensation for their losses. They have tried several approaches, including through negotiations and the judiciary in Kenya but in vain as they were denied justice and a fair hearing,” the letter reads.

In the letter, they request the intervention of the UN High Commissioner for Refugees, the African Court of Justice, and other international bodies to investigate the violations and provide support. 

The residents are also seeking the involvement of diplomatic missions, including the UK and US embassies in Nairobi, given the estate's historical ties with the United Kingdom. The estate was originally built by the then-British colonial mayor, Sir Richard Woodley. 

The move to seek internal help follows the destruction of 43 homes by the Nairobi city county government, displacing approximately 1,200 families.

The estate sits on 100 acres of prime land, currently valued at approximately $400 million (Sh51.7 billion), and is held under a public lease by the Nairobi County government.

In the letter, the victims recount being terrorised, assaulted, and having their personal belongings destroyed or stolen during the raid.

“The marauding gang descended on the over 1,200 residents in their 43 homes during the entire night of November 18, 2024 until the dawn of November 19, 2024. They attacked and terrorised the residents, stole and destroyed their household goods, properties and personal belongings. Many have lost their valuable personal goods, clothing, jewelry, certificates, antiques, working tools and their sources of livelihood. They have been reduced to a life of abject poverty and destruction,” they noted. 

The residents claim they were lawful occupants of the demolished homes, holding valid tenancy agreements or title deeds issued by the county government.

They argue that the eviction violated multiple Kenyan laws, including the Local Authority Repossession of Properties Act and the Land Act of 2016, which require proper notice and public participation before any demolition or eviction.

According to them, they had been issued a 90-day notice to hand back possession of the property but not demolition and eviction, and therefore did not expect a demolition squad.

“The residents and occupants of the 43 demolished houses were legally on the land as paid up tenants of Nairobi city county government, while some were holders of valid grants titled deeds. They had not been issued with valid demolitions and eviction notices,” the letter reads.

The plea to the UN Secretary General includes their efforts to seek justice through the Kenyan judiciary, which according to them have been unsuccessful.

The letter, states that a case filed to prevent the demolitions was dismissed without a proper hearing, a decision residents argue denied them their constitutional rights to fair treatment and public participation. 

They penned that the negotiations with governor Sakaja to resolve the dispute amicably were also abandoned, further fueling allegations of bad faith.

The letter noted the residents' frustration with local avenues for justice and called for international scrutiny, citing violations of international human rights laws.

The residents cited Article 17 of the International Covenant on Civil and Political Rights (ICCPR), which prohibits arbitrary or unlawful interference with a person’s home, and the Universal Declaration of Human Rights, which guarantees the right to protection against such actions.

The demolitions, conducted during the night, are also said to contravene regulations requiring evictions to occur between 6 am and 6 pm.

“The Kenya government has ratified the International Covenant on Economic Social and Cultural Rights, the international covenant on civil and political rights and the African charter on human and people's rights that protects the fundamental rights of persons,” they stated.

The residents are demanding accountability from Governor Johnson Sakaja and other officials involved in the operation, and have threatened to demonstrate to express their displeasure with the treatment meted on them.

They have called on the Independent Policing Oversight Authority (IPOA) and the Law Society of Kenya to investigate the role of police officers and legal irregularities in the eviction.