A 55-year-old man is struggling to come to terms with a double tragedy after enduring demolitions in two separate locations within a short period.
Mr Sammy Kioko, who works in Nairobi’s Industrial Area as a machine operator, first lost his home in Mukuru-Kayaba slum, South B Division, following the demolition of structures built along the Ngong River riparian land.
After the first demolition, he moved to Makongeni in the hope of rebuilding his life and securing a safer living space for himself and his family. However, that sense of security proved short-lived when yet another demolition exercise unfolded—this time in Makongeni, where he had barely settled.
The second tragedy struck on a Sunday while Mr Kioko was at work, unaware that by that evening, he would have no place to call home. He received a call from a neighbour who had spotted an earthmover approaching the Makongeni settlement, triggering panic and confusion.
A bulldozer demolishes old houses in Makongeni estate in Nairobi on November 23, 2025 after the residents were evicted by the government to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
Alarmed by the news, Mr Kioko immediately asked his supervisor for permission to leave work so he could rush home and try to salvage whatever he could. He quickly boarded a bodaboda, hoping to reach his house before the bulldozers got to work.
Speaking to the Nation , a shaken Mr Kioko described how helpless he felt as he made the frantic journey from Industrial Area to Makongeni, unsure of what he would find upon arrival. For Mr Kioko, the back-to-back demolitions have not only robbed him of shelter but have also left him emotionally drained, uncertain about where to start over again as he searches for yet another place to call home.
“This second demolition has broken me. I don’t even know where to start anymore,” he said.
The court certified the matter as urgent, granting conservatory orders to restore electricity and water services while prohibiting evictions or demolitions pending a hearing scheduled for December 4.
The petitioners—Samuel Ngugi, Collins Otieno, Karen Onyango, Seraphine Muraguri, Wycliffe Omiti, and the Makongeni Residents' Association—accused the Kenya Railways Staff Retirement Benefits Scheme, State Department of Housing, and Affordable Housing Board of deploying violent enforcement teams who allegedly assaulted residents, sexually harassed women, and cut utilities to force evacuations ahead of the November 27 deadline.
Residents of Makongeni estate in Nairobi secure their belongings on November 23, 2025 after they were evicted from their houses to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
An affidavit by advocate Dr Owiso Owiso claims over 8,000 households were left without basic services, endangering at least 35,000 residents including children, elderly residents, and persons with disabilities.
“To facilitate the violent eviction, the respondents' officers and their hired goons unleashed untold violence upon the residents, including sexually assaulting women and girls,” said the advocate. The interim orders mark the latest judicial intervention in Kenya's contentious housing program, which faces mounting legal challenges over displacement methods and constitutional compliance.
This case mirrors another pending petition by another group of residents challenging the legality of the affordable housing project's implementation over allegations of multiple violations of their fundamental rights.
The petitioners—Brian Riang’a, Daniel Ndiau Okul, and Joshua Chuma—acting on behalf of the estate’s residents, accuse the Affordable Housing Board, the Ministry of Housing, and other state agencies of failing to adhere to constitutional safeguards in their relocation plans.
A bulldozer demolishes old houses in Makongeni estate in Nairobi on November 23, 2025 after the residents were evicted by the government to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
Central to the dispute is the ownership of the land where Makongeni Estate sits, which legally belongs to the Kenya Railways Staff Retirement Benefit Scheme under a concession from the Kenya Railways Corporation.
The petitioners argue that while the Scheme holds title to the property, the process of acquiring residents’ consent for demolition has been marred by opacity and coercion. The case questions the manner in which authorities have been obtaining consent from residents for the demolition of their homes.
According to the affidavit sworn by Mr Riang’a, a lawyer, many residents—particularly those who are illiterate—were made to sign documents without fully understanding their implications.
Residents of Makongeni estate in Nairobi watch as a bulldozer demolishes their houses on November 23, 2025 after they were evicted by the government to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
The petitioners argue that this undermines the principle of informed consent and violates Article 35 of the Constitution, which guarantees the right to access information held by the State.
The residents were reportedly promised Sh150,000 in compensation and assured priority allocation in the new housing units once construction is complete.
However, the petition contends that this amount is grossly insufficient to secure alternative housing of comparable standard in Nairobi, where rental prices have skyrocketed in recent years.
Additionally, the three-month eviction notice issued to residents is deemed unreasonably short, leaving them with little time to plan for relocation.
The petitioners argue that these actions contravene Article 43(1)(b) of the Constitution, which enshrines the right to accessible and adequate housing, and violates Article 28, which protects the inherent dignity of every individual. Another key grievance raised in the petition is the alleged lack of meaningful public participation.
Residents of Makongeni estate in Nairobi secure their belongings on November 23, 2025 after they were evicted from their houses to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
While the government claims to have engaged residents in consultations, the petitioners assert the authorities conducted exclusionary sessions and failed to involve all affected parties.
Article 10 of the Constitution mandates public participation in governance, and the residents argue that the process followed by the respondents fell short of this requirement.
The affidavit further notes that no written guarantees have been provided to ensure that current Makongeni residents will indeed be prioritised in the allocation of the new housing units, fueling fears of displacement without recourse. The petition names five respondents—the Affordable Housing Board, the Principal Secretary and Cabinet Secretary of the Ministry of Housing, the Kenya Railways Staff Retirement Benefit Scheme—which holds the land title—and the Attorney-General.
A bulldozer demolishes old houses in Makongeni estate in Nairobi on November 23, 2025 after the residents were evicted by the government to pave way for the affordable housing project.
Photo credit: Billy Ogada | Nation Media Group
A court ruling in favour of the Makongeni residents could establish important legal precedents on the rights of displaced communities and the obligations of the state in similar development initiatives.
