Court orders Muthurwa tenants to vacate Kenya Railways houses
A woman walks past a fire lit by the Muthurwa residents in protest after some of their houses were demolished in 2010. The 359 residents lost their bid to stop Kenya Railways Corporation from demolishing their house on December 18, 2015. The court has given them four months to vacate the premises . PHOTO | JENNIFER MUIRURI | NATION MEDIA GROUP
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But while delivering his verdict on Friday, High Court Judge Isaac Lenaola said the parties in the case had failed to agree and cooperate with his August 26, 2013 ruling.
Justice Lenaola’s verdict comes after his ruling two years ago when he declared the corporation had violated the resident’s rights to accessible housing.
Muthurwa residents had sued the corporation, its Staff Retirements Benefit Scheme and the Attorney General in October 2010.
Hundreds of tenants within Nairobi’s Muthurwa Estate have been rendered homeless after they lost their bid to stop Kenya Railways Corporation from demolishing their houses.
High Court Judge Isaac Lenaola has given the 359 tenants four months to vacate the premises, with the deadline expiring on April 30, 2016.
Justice Lenaola’s verdict comes after his ruling two years ago when he declared the corporation had violated the resident’s rights to accessible housing and ordered the Managing Trustee to hold meetings with the tenants within 21 days to create an eviction programme.
The judge had then given the state 90 days to file case documents detailing the measures the government has put in place towards realisation of the right to accessible and adequate housing as well as sanitation.
But while delivering his verdict on Friday, Justice Lenaola said the parties in the case had failed to agree and cooperate with his August 26, 2013 ruling.
“It seems to me that goodwill does not exist on any party to this litigation, it is close to two years since then and the opportunity to amicably address the date and conditions of eviction has been lost, the residents are hereby ordered to vacate the said premise,” Justice Lenaola ruled.
Muthurwa residents had sued the corporation, its Staff Retirements Benefit Scheme and the Attorney General in October 2010.
EVICTION AND DEMOLITION POLICIES
In his 2013 ruling, Justice Lenaola tasked the state to further explain existing state policies and legal framework of forced eviction and demolitions in Kenya in line with the international standards.
On Friday, the judge upheld his earlier terms of eviction but gave the State another two months to provide the above information.
The High Court judge warned that should the Attorney General fail again to present it within the said period, the residents should take any action they deem fit.Justice Lenaola faulted the Attorney-General for failing to file the case documents with the information requested.
The Muthurwa Estate comprises old, dilapidated residential houses and other social amenities previously used by Kenya Railways Corporation staff.
According to the corporation, it is finding it difficult to pay pensions to its members because the residents occupy the disputed property but have failed to pay rent.
Even though the judge ruled that the residents should be evicted, he said the process should involve UN guidelines which includes presence of government officials and neutral observers.
The guidelines also stipulate that the evictions should not take place at night, in bad weather, during festivals or holidays, prior to any election, during or just prior to school exams but should preferably happen at the end of the school term or during school holidays.
