The High Court has dismissed an application by Kenya Railways Corporation (KRC) seeking to evict residents of Nairobi's Muthurwa Estate, ruling that the constitutional safeguards governing forced evictions have not been fully met.
In a judgment delivered by Justice Kanyi Kimondo, the court affirmed that while Kenya Railways is the lawful owner of the property, it cannot proceed with the planned evictions until the State complies with previous court directives and constitutional requirements designed to protect the rights and dignity of affected residents.
The case, filed by Satrose Ayuma and 11 others, involves families who have lived in the estate for decades as tenants of the corporation. The court revisited its earlier rulings, which prohibited evictions at night, during adverse weather, public holidays, festivals, or school examination periods, and required the government to establish a clear legal and policy framework for forced evictions.
Justice Kimondo noted that more than a decade after those directives were issued, no evidence had been presented to show that the State had implemented the required legal framework. He emphasized that partial compliance with court orders was unacceptable and that all conditions must be fulfilled before any eviction can lawfully take place.
The ruling grants Muthurwa Estate residents temporary relief, with Kenya Railways barred from carrying out the evictions until all constitutional and legal safeguards are fully satisfied.
In a judgment delivered by Justice Kanyi Kimondo, the court affirmed that while Kenya Railways is the lawful owner of the property, it cannot proceed with the planned evictions until the State complies with previous court directives and constitutional requirements designed to protect the rights and dignity of affected residents.
The case, filed by Satrose Ayuma and 11 others, involves families who have lived in the estate for decades as tenants of the corporation. The court revisited its earlier rulings, which prohibited evictions at night, during adverse weather, public holidays, festivals, or school examination periods, and required the government to establish a clear legal and policy framework for forced evictions.
Justice Kimondo noted that more than a decade after those directives were issued, no evidence had been presented to show that the State had implemented the required legal framework. He emphasized that partial compliance with court orders was unacceptable and that all conditions must be fulfilled before any eviction can lawfully take place.
The ruling grants Muthurwa Estate residents temporary relief, with Kenya Railways barred from carrying out the evictions until all constitutional and legal safeguards are fully satisfied.
