Court Blocks Kenya Railways Eviction of Muthurwa Residents

Court Blocks Kenya Railways Eviction of Muthurwa Residents. The High Court has stopped Kenya Railways from evicting residents living in Nairobi’s Muthurwa Estate. Instead, Justice Lawrence Mugambi ruled that the agency must first meet constitutional safeguards.

On Thursday, July 2, Justice Mugambi dismissed Kenya Railways’ application to proceed with the eviction. Consequently, the planned exercise cannot go ahead for now.

According to the court, Kenya Railways did not comply with directives issued in August 2013. Those directives outlined the conditions for any future eviction.

For instance, the earlier judgment barred evictions at night and during bad weather. It also prohibited evictions on public holidays, festivals and before school examinations.

Additionally, the court ordered Kenya Railways and the residents to hold mediation talks. Both sides had 60 days to agree on an eviction programme.

However, the parties failed to reach an agreement. As a result, Kenya Railways returned to court in May 2014 seeking guidance on implementing the judgment.

Judge Upholds Residents’ Constitutional Rights

Although Kenya Railways legally owns the land, Justice Mugambi said the residents still deserve constitutional protection. Therefore, any eviction must follow the law.

Furthermore, the judge said Kenya Railways did not present a legal or policy framework. He also said the agency failed to outline safeguards for the planned eviction.

In addition, the court found no evidence that the agency had protected residents’ housing rights. Therefore, the Constitution must guide the entire eviction process.

“It is therefore my considered view that prior to the petitioners’ eviction being ordered, an integrated order that includes all the components that were comprised in the order issued 13 years ago must be complied with,” Justice Mugambi ruled.

Moreover, the judge said Kenya Railways cannot enforce only parts of the earlier judgment. Instead, the agency must implement every requirement.

“Partial or selective implementation of certain components alone or leaving out others is impermissible and cannot be sanctioned by this honourable court. The application is therefore declined and dismissed in its entirety,” he ruled.

Ultimately, the ruling blocks the planned eviction. Kenya Railways must satisfy every legal and constitutional requirement before removing the residents.