Kenya Railways to part with Sh20 million for evicting residents

 The Kenya Railways Corporation (KRC) has been dealt a blow after a court ordered it to compensate more than 200 Muhoroni residents forcefully evicted from their land.

The Kisumu Environment and Land Court ruled that KRC should pay 206 affected residents Sh20.6 million.

Residents of Shauri Moyo, Bondeni and Swahili villages in the Muhoroni informal settlements were evicted to pave the way for the expansion of the metre gauge railway.

In a 26-page judgment, Justice Antony Ombwayo found that KRC, the principal secretary in the State department of Housing and Urban Development and the Attorney-General had jointly infringed rights of the petitioners and their right to own property.

"Based on the above case law, I am of the view that an award of Sh20,600,000 for general damages is reasonable with each petitioner entitled to Sh100,000," ruled Justice Ombwayo.

The judge argued that although KRC had issued the petitioners with an eviction notice back in 2019, it had not indicated anywhere that they should have vacated their premises by February 6, 2021.

Right to housing

Justice Ombwayo also stated that the petitioner's right to housing had been violated as their houses were demolished without considering their welfare.

"By destroying the petitioners’ houses, churches and schools, the respondent denied the petitioners socio-economic and cultural rights under Article 43 of the Constitution of Kenya 2010," he said.

Through their lawyer Ken Amondi, the petitioners further alleged that other than the destruction of homes, they also experienced complete wiping out of small-scale traders’ stalls and wares which were strewn all over thereby subjecting them to poverty and financial strain.

"The said demolition which was being carried out using earthmovers was done without any notice and effected by policemen who ensured that homes, stalls and hotels were destroyed notwithstanding that the said parcels fell outside the 30m distance from the railway line," argued Mr Amondi.

As a result of the demolition, Mr Amondi noted that the petitioners put up makeshift mabati and polyethene structures while others sought refuge in churches and other places of worship where they lived in dilapidated conditions.

Engage residents

Justice Ombwayo however ordered the KRC to engage residents in the affected villages in Muhoroni sub-county in crafting a relocation plan.

The petitioners moved to the High Court on February 7, 2022 after they were forcefully evicted the previous evening.

They wanted the court to rule that the KRC actions infringed their rights. They also sought compensation for the destroyed property.

But the respondents claimed that the petition lacked merit and was an abuse of the court process.

They also alleged that the residents had misrepresented the facts that would embarrass or delay justice.

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