The High Court has dismissed an application by Kenya Railways seeking to proceed with the eviction of residents occupying its land in Muthurwa Estate in Nairobi.

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The court ruled that the government must first follow earlier court orders on forced evictions and the right to adequate housing before any eviction can take place.

In a ruling delivered on Thursday, July 2, Justice Lawrence Mugambi held that Kenya Railways had failed to demonstrate compliance with previous court directives issued more than a decade ago.

The matter stemmed from an earlier judgment delivered in August  2013, in which the court outlined strict conditions governing any eviction of Muthurwa residents.

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Among the conditions were that evictions should not take place at night, during bad weather, on festivals or public holidays, or immediately before school examinations.

Following the 2013 judgment, the petitioners and Kenya Railways were directed to hold mediation meetings to develop an agreed eviction programme within 60 days.

However, the parties failed to reach an agreement, prompting Kenya Railways to file an application dated May 14, 2014, asking the court to settle the terms of the judgment.

In considering the matter, the court noted that while Kenya Railways is the lawful owner of the land, the petitioners had occupied the premises for many years and could only be evicted after they received eviction notices.

According to the judge, there was no information detailing the legislative or policy framework established to regulate forced evictions and demolitions.

Justice Mugambi further noted that there was no demonstration that adequate safeguards had been put in place to ensure any eviction would comply with the Constitution.

📰 Source: Kenyans.co.ke