The Kenya Human Rights Commission (KHRC) condemns the ongoing unlawful and arbitrary demolitions and evictions in Nyama Villa, Kayole, which have left hundreds of families homeless and exposed to untold suffering.

Following a fact-finding mission conducted on December 18, 2024, KHRC has established that these demolitions and evictions, which began on December 16, 2024, are being carried out in blatant defiance of a court order issued on December 16, 2024, barring any demolition and evictions until legal proceedings are concluded.

A private entity is orchestrating this unlawful operation, with the active complicity of state actors, including police officers and Kenya Power and Lighting Company (KPLC) personnel.

Armed goons, equipped with batons, stones, and other weapons, alongside a heavily armed police contingent, have been deployed to intimidate residents and prevent them from salvaging their belongings.

Five bulldozers are currently operating, leveling homes and properties and leaving families destitute.

Nairobi County Attorney Christine Ireri confirmed the land in question as public in a letter dated October 17, 2024, to Deputy County Commissioner Eric Mulevu.

As Ireri noted in her letter, public land vests in and is held by a county government in trust for its residents and is administered on their behalf by the National Land Commission (NLC).

Nairobi County's letter to Deputy County Commissioner Eric Mulevu.

Despite lacking any valid legal title, the private entity has proceeded with these demolitions and evictions, exploiting vulnerable residents.

We have established that coercive agreements have been forced upon some property owners, demanding up to Sh3 million payments to spare their homes from destruction.

The demolitions and evictions are being executed with total disregard for Kenya's Constitution and treaties that the country has ratified.

 The United Nations Guidelines on Evictions, together with Section 152E of the Land Laws (Amendment) Act, 2016, stipulates evictions cannot be conducted subject to the issuance of a three-month notice.

The notice must be in writing, in a national and official language, and be published in at least two daily newspapers of nationwide circulation. Eviction and demolition cannot happen if this notice is not displayed in less than five strategic locations within the occupied land.

Nationally, the right to shelter and housing, as enshrined in Article 43 of the Constitution, has been grossly infringed.

Further, Section 152G (1) of the Land Laws (Amendment) Act, 2017, stipulates the following mandatory procedures with which every eviction must comply:

  1. Be preceded by properly identifying those taking part in the eviction or demolition.
  2. Be preceded by presenting the formal authorizations for the action.
  3. Where groups of people are involved, government officials or their representatives to be present during an eviction.
  4. Be carried out in a manner that respects the dignity, right to life, and security of those affected.
  5. Include special measures to ensure effective protection for groups and people who are vulnerable, such as women, children, the elderly, and persons with disabilities.
  6. Include special measures to ensure no arbitrary deprivation of property or possessions due to the eviction.
  7. Include mechanisms to protect property and possessions left behind involuntarily from destruction.
  8. Respect the principles of necessity and proportionality during the use of force.
  9. Give the affected persons the first priority to salvage their property.

However, what we have witnessed is a contradiction to these regulations. 

These violations are also compounded by theft, looting of personal belongings, and the use of excessive force against residents. The involvement of state resources to facilitate this operation shows a broader culture of impunity.

KHRC demands that:

  1. The government must immediately halt all demolitions in Nyama Villa and uphold the court order issued on December 16, 2024.
  2. The Inspector General of Police, Nairobi County Police Commander, Sub-County Commander in Embakasi, and the Officer Commanding Station (OCS) at Kayole Police Station must be held accountable for facilitating these illegal actions.
  3. The government must secure the status of this land as public property.
  4. All displaced families must receive immediate restitution and compensation. A thorough and transparent investigation must also be conducted into the involvement of state and private actors in these unlawful demolitions.
  5. The government must urgently implement systemic reforms to protect housing rights, including fully enacting the Evictions and Resettlement Procedures Bill.

Should authorities fail to act, KHRC will take immediate legal action against the violators.