The High Court has mandated that the government provide compensation to the residents of Mathare, Gwa Kairu, Mukuru Kwa Ruben, and Kiamaiko, who were forcibly removed from their homes due to accusations of constructing on riparian lands.
The court determined that these residents are deserving of equitable compensation for the loss of their personal belongings, property, and other possessions.
This ruling arose from the residents’ challenge against the government’s decision to evict them without offering suitable alternative housing.
As a consequence, countless individuals found themselves without homes, exposed to severe weather and potential flooding. Justice Mogeni determined that the government was aware of these communities yet opted to forcibly remove the residents, describing their treatment as inhumane and likening it to being “treated like rubbish.”
He stressed that the government has an obligation to treat its citizens with dignity and respect. While there is no specific law governing evictions, Kenya has ratified international agreements that outline the humane treatment of individuals facing eviction.
The court instructed that general damages be awarded to the petitioners, with the specific amounts to be decided by a collaborative committee of evictees and government officials within 120 days from the date of the ruling, but no later than April 2025.
Additionally, the court mandated that compensation should be disbursed within 60 days of completing the assessment, and a report detailing the payments must be submitted to the court after this period.
Justice Mogeni remarked that the abrupt evictions, executed without proper notification, subjected the petitioners to cruel and inhumane treatment, resulting in both mental and physical anguish that was unwarranted.
