• Saturday, 23 November 2024
High Court orders the compensation of residents who were evicted from riparian land

High Court orders the compensation of residents who were evicted from riparian land

The High Court has ordered the government to compensate residents of Mathare, Gwa Kairu, Mukuru Kwa Ruben, and Kiamaiko who were forcibly evicted from their homes for allegedly building on riparian land. 

The court ruled that these residents are entitled to fair and just compensation for the loss of personal property, real estate, and other goods.

In this case, residents from these areas challenged the government's decision to evict them without providing alternative shelter. 

As a result, hundreds of people were left homeless and vulnerable to harsh weather conditions and flooding. 

Justice Mogeni ruled that the government was aware of these settlements but chose to forcibly evict the residents in what he described as an inhumane manner, comparing the treatment to being "treated like garbage."

Justice Mogeni emphasized that the government has a duty to treat citizens with respect and dignity. Although there is no specific eviction law, Kenya is a signatory to international conventions that govern the humane eviction of people. 

The court ordered general damages for the petitioners, which will be determined by a joint team of evictees and government representatives within 120 days from the ruling date, and no later than April 2025.

The court further directed that compensation payments be made within 60 days of finalizing the assessment, with a report on the payments to be filed in court at the end of this period.

Justice Mogeni also stated that the forceful eviction without adequate notice subjected the petitioners to cruel and inhuman treatment, causing both mental and physical suffering that was unjustifiable.

 

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