The Environment and Land Court has issued temporary conservatory orders, blocking the planned eviction and demolition of homes in Nairobi’s Makongeni Estate.
The court further directed the immediate restoration of essential services, including water and electricity, to the over 40,000 affected residents.
This decision comes as a blow to the government’s ambitious affordable housing project, which had targeted the estate for redevelopment.
The court’s ruling follows an urgent application filed by Otieno Willis Evans Otieno on behalf of numerous Makongeni residents, arguing that the demolitions were being carried out unlawfully and that essential services had been disconnected to coerce residents into leaving.
Justice Charles Mbogo certified the matter as urgent, issuing conservatory orders that bar the Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board from any further displacement or demolition activities pending a full hearing.
“This is a victory for the people; a reminder that state power has limits and that the Constitution still speaks loudly for the vulnerable when the powerful overreach. Makongeni will not be erased. Not on our watch,” stated Otieno Willis Evans Otieno.
The Law Society of Kenya (LSK) had also strongly condemned the evictions, threatening legal action and citing violations of residents’ rights.
LSK President Faith Odhiambo emphasized that evictions must adhere to globally recognized minimum standards, including written notice, respect for dignity, and protection of vulnerable groups.
The LSK highlighted that while some residents received Ksh150,000 for relocation, the majority had not, rendering eviction notices ineffective.
The government maintains that the affordable housing project aims to address the urban housing deficit and has assured current residents priority in purchasing the new units upon completion.
However, concerns remain regarding the adequacy of compensation and the affordability of the new units for low-income earners.
