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High Court orders government to compensate Mathare and Mukuru residents for forced evictions
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High Court orders government to compensate Mathare and Mukuru residents for forced evictions

High Court orders government to compensate Mathare and Mukuru residents for forced evictions

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 riverine land.

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

In this case, residents of these areas questioned the government’s decision to evict them without providing them with alternative accommodation.

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

Judge 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, likening 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 governing the humane eviction of people.

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

The court further ordered that compensation payments be made within 60 days of the completion of the assessment, and that a report on the payments be submitted to the court at the end of this period.

Judge Mogeni also stated that the forced eviction without prior notice subjected the petitioners to cruel and inhuman treatment, causing them unjustifiable physical and mental suffering.