The High Court has mandated the government to compensate residents of Mathare, Gwa Kairu, Mukuru Kwa Ruben, and Kiamaiko who were forcibly removed from their homes for allegedly encroaching on riparian land.
The court found that these residents are entitled to fair compensation for the loss of their personal property, real estate, and other possessions.
Residents challenged the government’s actions, arguing they were evicted without being provided alternative housing, leaving many homeless and exposed to harsh weather and flooding.
Justice Mogeni criticized the government’s approach, describing it as inhumane and likening the treatment of the residents to being “treated like garbage.”
He underscored the government’s obligation to respect citizens’ dignity. While Kenya lacks a specific eviction law, it is a signatory to international agreements that mandate humane treatment during evictions.
The court ordered that general damages for the petitioners be determined by a joint committee of evictees and government representatives within 120 days of the ruling, no later than April 2025.
Furthermore, the court directed that compensation payments be made within 60 days after the assessment is finalized, with a report on the payments to be submitted to the court at the end of that period.
Justice Mogeni remarked that the forced evictions without adequate notice caused the petitioners significant mental and physical suffering, which was unjustifiable.
