The ongoing demolition of homes in Woodley Estate, Nairobi, continues unabated, with 42 houses already demolished on Tuesday morning as the clock ticks down to the midnight deadline on November 19, 2024.
Residents are scrambling to vacate their homes, some already having accepted compensation from the Nairobi City County Government, amounting to Sh900,000.
Despite this, the scene at the estate is tense on Tuesday morning, with scrap metal dealers now actively scavenging the demolition sites for valuable remnants.
The evictions, which are part of a larger redevelopment plan for the area, have sparked widespread controversy.
Already, over 3,000 members of the Woodley Estate Residents Welfare Society (WRWS) filed a petition in the Milimani Law Courts, challenging the ongoing demolitions and evictions that kicked of in the wee hours of Tuesday morning
They argue that the land in question, a 10-acre plot valued at approximately Sh5 billion, is being unlawfully allocated to a private developer, African Reit Ltd, without following the required public consultation processes.
The petitioners, led by WRWS members Wanja Kimani, Peter Ngatia, John Mugwe, and Samson Mwangi, allege that the Nairobi City County Government, under the leadership of Governor Johnson Sakaja, has failed to engage in any meaningful dialogue with residents.
Instead, the government is offering financial compensation in an attempt to pacify those affected, which the residents view as an inadequate response to their concerns.
Lawyer Danstan Omari, who represents the petitioners, has strongly criticized the county government’s approach, calling it a violation of constitutional rights.
Omari emphasizes that residents should not be treated as second-class citizens, especially in a matter as serious as their right to property and due process.
The lawsuit argues that the current eviction process is part of a larger scheme to seize valuable land from the residents and hand it over to private developers, disregarding the legal rights of the people who have lived there for decades.
The dispute over the land is further complicated by the history of Woodley Estate.
Many residents claim they purchased their homes from the defunct Nairobi City Council decades ago, and they argue that this should have granted them security of tenure, just as similar transactions were honored in other parts of the city, such as Makadara and Dangoretti.
However, allegations of corruption and mismanagement have led to a situation where, in some cases, outsiders have been allowed to purchase properties, further exacerbating tensions within the community.
The controversy surrounding the redevelopment of Woodley Estate began in earnest in 2021, when the Nairobi Metropolitan Services (NMS) announced plans to redevelop the area.
The NMS initially stated that redevelopment would start with vacant sites, and that existing tenants would be given first priority for the new housing.
However, residents argue that these promises were never fulfilled, and the current administration is proceeding with evictions without proper consultation or legal procedures.
In their petition, the WRWS is seeking interim orders to stop the demolitions and evictions, arguing that the government’s Affordable Housing Project (AHP) and urban renewal initiatives should not come at the expense of residents’ established rights.
The petitioners stress that Woodley Estate holds significant cultural and historical value, having been home to multiple generations of families who have invested time and resources in developing the area.
The estate also includes important community infrastructure, such as schools, churches, and other amenities, which the residents fear could be lost in the redevelopment process.
Another key concern raised by the petitioners is the environmental impact of the proposed redevelopment.
The 10-acre plot in question includes the only playing field for Joseph Kangethe Primary School, a crucial green space in an otherwise densely built-up area.
The destruction of this space, the residents argue, would violate constitutional guarantees of the right to a clean and healthy environment, as well as the rights of children to have access to recreational facilities that support their physical development.
As the deadline for evictions and demolitions draws near, the WRWS is calling for the Nairobi City County Government, the National Government, and all relevant authorities to uphold the rule of law.
The petitioners are demanding a halt to the illegal eviction and demolition process, the cessation of unfair land allocation, and strict adherence to due process in the handling of the matter.
