LSK to head to court over Makongeni Estate evictions

Law Society of Kenya president Faith Odhiambo. [File, Standard]

The Law Society of Kenya (LSK) has called on the government to suspend planned demolitions at the Makongeni Estate, meant to pave the way for the construction of new affordable houses.

According to LSK, the process of evicting around 40,000 residents disregarded their rights, given a short five-day eviction notice, which the society says ought to have been done in writing.

Further, several affected families are yet to receive compensation, even as some of their neighbours pocketed Sh150,000 from the government to facilitate their move.

"Evictions must adhere to certain globally recognised minimum standards, including the duty to give notice in writing, to carry out the eviction in a manner that respects the dignity, right to life and security of those affected," said LSK President Faith Odhiambo.

"The majority of residents are yet to receive their compensation, and the notice to vacate remains ostensibly ineffective," she added.

Additionally, Odhimbo urged the authorities to prioritise the protection of the vulnerable groups that have called the area home, including women and children, the elderly, and those living with various disabilities.

She stated that it was necessary to accord the affected families an opportunity to salvage their property before their homes are flattened by the bulldozers amid plans to challenge their relocation in court.

"We intend to take the necessary legal interventions to uphold the rights of these citizens and promote the rule of law," Odhiambo stated.

LSK also alleged that a section of Makongeni Estate Residents Association, including Chairman Samuel Ngugi, was arrested after it emerged that they were planning protests to oppose the evictions.

Attempts to secure their release on Sunday on bail were unsuccessful.

"We urge the police to present them to court first thing tomorrow morning," said Odhiambo.

Residents have until December 2 to relocate.