Whereas the issue of arbitrary evictions from informal settlements of Nairobi is commonplace a human rights group has come out in Kibra to object to one such eviction. We ask our readers to consider the facts and confirm whether or not the landlord has a right to develop his property above the interests of the tenants.
The communication below is reproduced in its entirety:
Kibra Societal Empowerment, Peace & Budget Champions Organizations,
P. O. Box 20394 – 00200
Nairobi, Kenya.
Kibrasocietalempowerment@gmail.com
SOLIDARITY IN PROTECTING CONSTITUTIONAL FUNDAMENTAL RIGHTS AND HUMAN DIGNITY OF OVER 100 KIBRA MAKINA WARD RESIDENTS TENANTS AT JAMII MAKINA (C) PREMISES PLOT/HOUSE NO 607.*
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Over 100 Residents of Kibra Sub County, Makina Ward Area Jamii (C) near Asas Supermarket just around Shofco 💦 water project are deep sorrow following the two weeks notice that has been delivered to them by the landlord named *Kennedy Obwaya Onsongo* – owner of Makina Jamii (C) premises *Plot/House No. 607*
It’s inhumane to serve older members of the society including vulnerable children’s who has stayed within the scoop for over 20 years with a two weeks notice vacation to pave way for building and construction without approval from the County Government – Kibra Sub County, National Government Administration, Kibra Nubian Community Land Trust Tusk Force and Community members at large.
AdvertThe Bill of Rights Chapter (4) Article (19) part (1) Rights and fundamental freedoms dictates observant to human dignity which is supported by Articles (28) and (29) .
Article (43) stipulates the profoundness of Economic and Social Rights.
Article (48) and (57) consecutively protects older members of society.
Declaration of a special planning area pursuant to section 52 and 53 of the physical and land use planning Act no. 13 of 2019.
The Nairobi City County Government did declare approximately 288 hectares of land under Nubian community land Title as a special planning and redevelopment area project for both infrastructure and Housing.
288 hectares of land is classified as private land communal in nature and belonging to the beneficiaries of Kibra Nubian Community Land Trust
The process will be undertaken in collaboration with the ministry of Lands, Public Works, Housing and Urban Development.
The County Government consequently outlined appropriately that there shall be no more developments in the mentioned area and all development are suspended for a period of not more than two years from the date of the notice 25th/March/2023.
Tusk Force on the operationalization of the redevelopment and Affordable housing projects for Kibra Nubian Community Land Trust was appointed by the Cabinet Secretary for Lands.
The object of the Tusk Force was to assess and propose practical strategies for redevelopment and construction of affordable housing on the 288 hectares of land in Kibra Nubian Community Land Trust by the Government of Kenya on the 9th/October/2013 and handed over to the members of the Kibra Nubian Community on the 2nd/June/2017.
Tusk Force was intended to meet beneficiaries and community stakeholders through public participation, sensitization and awareness creating platform to collect information and ideas on what improvement and development they want in 288 hectares of Land.
On this basis Kennedy Obwaya Onsongo of P. O. Box 7030 – 00300 Nairobi has no rights to develope a section of 288 hectares before the end of two years.
He further can not construct the premises without the approval of the County Government and National Government.
Both County Government and National Government kindly move with speed and protect the older members in the community.
Cordially,
David Livingstone Kose Oyombe.
Secretary General,
Kibra Societal Empowerment, Peace and Budget Champions Organization.
