The state has been offered to pay residents of Mathare, Gwa Kairu, Mukuru Kwa Ruben and Kiamaiko a who were arbitrarily evicted from their homes by the government for allegedly building on riparian land.
Justice Mogeni has ruled that the residents are entitled to a fair and just compensation for losses of personal, real or other property or goods.
In his decision, Justice Mogeni said that the forceful eviction of the residents without adequate notice exposed them to the harsh weather conditions can be said to be cruel and inhuman treatment adding that it caused the Petitioners both mental and physical suffering which was unjustifiable.
In the case the residents of Mathare, Gwa Kairu, Mukuru Kwa Ruben and Kiamaiko moved to court to challenge the state descion to evict them.
Through lawyer Shadrack Wambui, they argued that they were never provided with an alternative shelter as a result, hundreds of people were left homeless with increased vulnerability to the persisting weather and floods.
The court ruled that the government was all along aware that its citizens had settled in the places they were in but instead of moving them to safer grounds humanely chose to treat them like “garbage” and mow them literally out of their houses in the most inhumane manner.
The judge further noted that the government must understand that they owe duty to the citizens to treat them right and respectively despite not having an eviction law they have signed onto the International Conventions that govern how people are to be evicted.
“Judgement be and is hereby entered in favour of the petitioners against the Respondents by way of general damages for a sum that shall be determined by a joint team encompassing the evictees and the Respondents within 120 days from the date hereof and in any case not later than April 2025 to ascertain the extent of loss and to arrive at a reasonable amount for compensation,”ruled the court
The court further directed that the money be paid out within 60 days of concluding the exercise and a report filed in court at the end of the 60 days of concluding the payments.
