The High Court has dismissed an application by Kenya Railways Corporation seeking to proceed with the eviction of residents of Nairobi’s Muthurwa Estate, ruling that the constitutional and legal requirements governing forced evictions have not been satisfied.
The case, Satrose Ayuma and 11 Others v Kenya Railways Corporation, involves residents who have occupied the estate for decades as tenants of Kenya Railways.
In the ruling, the court acknowledged that Kenya Railways is the lawful owner of the property and has a legal right to recover possession. However, the judge held that ownership alone cannot override constitutional protections afforded to those facing eviction. The court revisited its judgment of August 26, 2013, which established strict conditions that must be met before any eviction can take place. Reading from the earlier orders, Justice Kanyi Kimondo said:
“These forced evictions must not take place at night, in bad weather, during festivals or holidays, prior to or just before school exams, and preferably at the end of the school term or during school holidays. No one is subjected to indiscriminate attacks.”
Following that judgment, the residents and Kenya Railways held several mediation meetings in an attempt to agree on an eviction programme. The talks failed, prompting Kenya Railways to file an application dated May 14, 2014, asking the court to settle the terms for implementing its earlier decision. The judge also referred to orders issued on December 18, 2015, requiring the residents to vacate the premises by April 30, 2016, while directing the State to provide, within 60 days, information on legislative and policy measures governing forced evictions, demolitions, and the realization of the rights to adequate housing and sanitation.
Despite more than a decade having passed since those orders were issued, the court found that the State had not demonstrated compliance.
“Despite the very clear order… no such evidence was exhibited in the application, notwithstanding that it is now 13 years since the order was issued,” Justice Kanyi Kimondo said.
The court observed that the application before it did not include any evidence showing the legal and policy framework the State has put in place to regulate forced evictions or safeguard the constitutional rights of affected persons.
“There was no information detailing the legislative and policy framework that the State has put in place to regulate forced evictions and demolitions and to advance constitutional rights to adequate housing and reasonable sanitation,” the judge held.
Justice Kimondo further found that Kenya Railways had not demonstrated that the safeguards required to ensure a constitutionally compliant eviction were in place. The court stressed that every aspect of its previous orders must be complied with before an eviction can be sanctioned.
“Partial or selective implementation of certain components alone or leaving out others is impermissible and cannot be sanctioned by this Honourable Court,” Justice Kanyi Kimondo ruled.
Consequently, the High Court dismissed Kenya Railways’ application, effectively stopping the proposed eviction of Muthurwa Estate residents until all constitutional safeguards and previous court directives are fully implemented.
