The High Court has stepped in to stop the demolition and forced evictions in Makongeni Estate after days of turmoil in which thousands of residents were driven out in the dead of night. Justice Charles G. Mbogo issued the urgent orders after finding that the petition filed by residents showed a real and immediate risk of irreparable harm if the demolitions were allowed to continue.
The decision came after the court was told that on November 21, officers and hired goons stormed the estate, cut off electricity and water, and began violently evicting more than 8,000 households an estimated 35,000 residents without notice. According to the application, the evictions carried on throughout the weekend, leaving families scrambling for safety in darkness and exposing vulnerable groups to violence, including alleged sexual assault.
Justice Mbogo, in his ruling dated November 24, certified the matter as urgent and granted key prayers stopping any further demolition, eviction, or actions facilitating displacement until the main case is heard. The residents had pleaded for immediate court protection, warning that thousands faced mass homelessness if demolitions continued unchecked.
In addition to stopping demolitions, the court ordered the respondents the Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board to immediately respond to the suit. They must also attend the inter partes hearing scheduled for December 4, where they will explain the forceful operations that unfolded despite a previous court directive declining conservatory orders.
Justice Mbogo also ordered immediate service of the application and warned that failure to obey the court’s directives would attract penal consequences.
For now, the ruling offers a moment of relief for the thousands of Makongeni families who have been living in fear, marking the first significant pause in a week of chaos and heavy-handed evictions. The fate of the longstanding estate will now be determined in court rather than through continued demolition.
The residents represented by six petitioners including Samuel Ngugi and the Makongeni Residents Association accuse the respondents of violently evicting thousands of households despite a previous court directive declining conservatory orders on November 20. According to the Notice of Motion on page 3 and 4 of the court documents, they claim that on November 21, the respondents allegedly unleashed officers and hired goons who cut off electricity and water, forced residents out at night, and subjected vulnerable groups to inhumane treatment, including alleged sexual assaults.
Justice Mbogo also issued a penal notice warning that any disobedience of the court’s orders will attract consequences.
The matter will return to court on December 4, when all parties are expected to address the judge on the contested evictions and the residents’ plea for protection.
