Over 3000 Woodley Estate Residents Welfare Society (WRWS)has draged Governor Johnson Sakaja’s administration in court seeking to block the planned eviction from a prime 10-acre plot in Woodley Estate, Kibera.
The plot, valued at approximately Sh 5 billion, has been at the center of a contentious dispute involving accusations of illegal land allocation to a private developer and lack of public participation.
The petition, filed at the Milimani Law Courts, is led by WRWS members Wanja Kimani, Peter Ngatia, John Mugwe, and Samson Mwangi.
They allege that the Nairobi City County Government, led by Governor Sakaja, is acting unlawfully by allocating the land to African Reit Ltd a private developer without the required public consultations.
The residents argue that the process surrounding this decision is shrouded in secrecy and lacks transparency.
According to the petition, the Nairobi County Government has not engaged with residents in any meaningful public participation or stakeholder involvement, a crucial step required by law.
Instead, the administration is reportedly offering monetary compensation as a means to pacify the affected residents.
Lawyer Danstan Omari, representing the petitioners, criticized this approach as a violation of constitutional and legal norms.
He emphasized that residents should not be treated as second-class citizens, and their rights to property and due process must be upheld.
The lawsuit centers around allegations that the county government’s move to evict residents and demolish their homes is part of a larger scheme to allocate the valuable land to private interests, disregarding the needs and rights of the current occupants.
The residents argue that this decision represents an illegal land grab and is being conducted without any valid environmental impact assessment or legal justification.
The history of Woodley Estate adds a layer of complexity to the dispute.
Many residents claim to have purchased their homes from the defunct Nairobi City Council decades ago, a transaction they argue should have granted them security of tenure.
They point out that similar sales were recognized in other parts of Nairobi, such as Makadara and Dangoretti, and expected Woodley residents to benefit in the same manner.
However, the alleged corruption and mismanagement of these transactions have led to a situation where outsiders, rather than existing tenants, have been allowed to purchase properties, exacerbating tensions within the community.
The court papers indicate that the controversy over the proposed demolition and redevelopment of Woodley Estate began in earnest in 2021 with plans initiated by the defunct Nairobi Metropolitan Services (NMS).
The NMS had indicated that redevelopment would start with vacant sites before moving to occupied areas, with a promise that tenants would have first priority.
However, the residents argue that this promise was never fulfilled and that the current administration is now pursuing eviction plans without any substantive public dialogue or legal procedure.
In their petition, the WRWS has sought interim orders to halt any eviction and demolition activities.
They argue that the proposed Affordable Housing Project (AHP), or urban renewal initiative, is being pursued at the expense of the residents’ established rights and historical ties to the land.
The petitioners highlight the estate’s historical and cultural significance, asserting that Woodley Estate has been home to generations of families who have invested significantly in its development, including the establishment of schools, churches, and other community amenities.
The petition also raises concerns about the environmental impact of the proposed redevelopment.
The 10 acres in question include the only playing grounds for Joseph Kangethe Primary School and serve as a vital green space in a densely populated area.
The residents argue that the destruction of these spaces would contravene constitutional guarantees of the right to a clean and healthy environment, as well as the right of children to facilities supporting their physical development.
The WRWS has called for the Nairobi City County Government, the National Government, and all relevant authorities to respect the rule of law and principles of natural justice.
They are demanding a halt to the illegal eviction and demolition, a cessation of unfair land allocation, and adherence to the due process of law.
