More than 300 families are in the cold after bulldozers recently flattened their homes in Upper Hill, Nairobi.

About 200 heavily armed police officers kept vigil as the bulldozers reduced the houses to rubble in the morning on Wednesday last week.

Most of the demolished property at Nairobi South Hill estate belonged to the Government and housed civil servants and employees of City Hall.

According to Kilimani Officer Commanding Police Division (OCPD) Johane Chebii, the houses were on a land that belonged to a private developer.

The private developer allegedly bought the expansive land and obtained court orders to evict the residents before seeking security from the police.

But synonymous to other recent mass evictions in Syokimau, Eastleigh, Kyang’ombe and Masai village, the residents claimed there was no notice before demolition.

Hundreds of other families in Nairobi are living in fear following alleged notices to vacate before bulldozers come knocking at dawn.

Recently, tension gripped Embakasi after hundreds of families were threatened with eviction from over 400 Kenya Airports Authority (KAA) houses.

Confusion reigned as some tenants started to remove their belongings from the houses as others vowed to stay put.

Heavily armed police officers cordoned off the over 400 houses and ordered tenants to remove their belongings sparking protests.

major reports

?According to the report by Hakijamii titled Assessment of the Realization of the Right to Housing in Kenya 2009-2010, forced mass evictions are among nightmares in urban areas.

According to the report by the Economic and Social Rights Centre, proper housing of hundreds of families hangs in the balance, if recent developments are anything to go by.

Not even a recent directive by Prime Minister Raila Odinga to stop the inhuman forced evictions seem to bother the bulldozers.

The last time I checked, some parts of Eastlands in Nairobi was set for a complete makeover after approval by Cabinet to demolish 11 old estates.

According to a Cabinet memo, the Local Government Ministry was given a go ahead to upgrade the estates, which belong to City Hall and other State agencies.

The initiative entailed engaging commercial developers to construct modern high-rise buildings, a departure from the current one or two bedrooms.

The targeted estates are Kaloleni, Shauri Moyo, Ziwani, Mbotela, Makongeni, Gorofani/Bondeni, Starehe, Ofafa Kunguni, Jericho, Jerusalem and Maringo.

They sit on an area measuring 1,000 hectares; 500 hectares belonging to the council and a similar size owned by other State agencies.

According to Government records, the estates were built during the colonial era and accommodate 9,557 households against a potential capacity of over 60,000 households.

Others are a new employment centre with employment capacity of over 20,000 and improved infrastructure.

However, even as the Government and private developers evict and demolish homes of families, the law must be followed.

The stipulations

To refresh memories, Article 43 (b) of the Constitution guarantees a right to proper housing while Article 40 provides protection of personal property.

Moreover, Article 10 (2) (b) outlines national values and principles of governance to include human dignity.

Others are equity, social justice, inclusiveness, equality, human rights, non-discrimination and more significantly and protection of the marginalized.

The Constitution also obligates the State to observe, respect, protect, promote and fulfil the rights and fundamental freedoms in the Bill of Rights.

Currently, the Eviction and Resettlement Bill, 2011 would be a saviour to hundreds of families, if it passes into law. ?For starters, the Bill provides guidelines for evictions in line with the constitution and internationally accepted standards.

For instance, prior to evictions, residents must be consulted, provided adequate and reasonable notice.

Others are environmental, economic and social impact resettlement action plans and an opportunity for legal redress.

Additionally, the proposed law requires that before decisions to carry out evictions are made, a notice of intent should be issued three months before.

?Besides, the notices must be either in writing, public barazas, broadcast in national or local language spoken by majority of the locality before eviction.

Likewise, adequate information on the reasons for the proposed eviction and alternative purpose for which the land will be used must be indicated.

Residents of informal settlements may be in support of the Bill as it guarantees a human face to forced evictions.

?For instance, it provides for special measures to ensure women are not subject to gender-based violence or other forms of discrimination during evictions.

And after evictions, authorities should facilitate management and handing over of proper infrastructure to the resettlement site.

Moreover, some sections of the proposed law insist that evictions must be carried out in a manner that respects human dignity, right to life and security of the affected!

 

— The writer is an Advocate of the High Court of Kenya.

hayodo@standardmedia.co.ke