Law Society of Kenya Calls for Immediate Suspension of Makongeni Demolitions Amid Compensation Shortfalls
The Law Society of Kenya has issued a strong demand for an immediate stop to the ongoing demolition of homes in Makongeni Estate, citing the failure to provide adequate compensation to affected residents as a clear breach of their constitutional rights. This intervention comes as heavy machinery, backed by anti-riot police, razed structures in the densely populated neighborhood on Sunday, leaving hundreds of families in distress and without proper relocation support.
Makongeni Estate, spanning 139 hectares and originally acquired through the Kenya Railways Staff Retirement Benefits Scheme, serves as home to an estimated 40,000 residents. The area features hundreds of aging and rundown buildings now targeted for a major overhaul by the Affordable Housing Board. Public consultations on the project have been underway since last year, prompting many households to vacate their properties in anticipation of redevelopment. However, the sudden escalation of demolitions has exposed deep flaws in the process, with numerous families reporting that they have yet to receive promised relocation facilitation funds, despite formal notices to leave.
LSK President Faith Odhiambo highlighted the demolitions as a direct violation of guidelines established by the Supreme Court in its 2021 Musembi v MEC ruling. These standards mandate that evictions must include written notices, proceed with respect and dignity, safeguard the right to life and security, prioritize protections for vulnerable groups like women, the elderly, children, and people with disabilities, and grant residents the initial chance to dismantle and recover materials from their own properties. Odhiambo pointed out that while notices were distributed conditional on compensation payments, the bulk of residents remain unpaid, rendering those directives largely meaningless. She emphasized that the current actions undermine these core principles and urged a full suspension until full compliance is achieved. The LSK plans to pursue legal measures to enforce the rule of law in this matter.
Compounding the residents' plight are reports of arrests targeting leaders of the Makongeni Estate Residents Association, including Chairman Samuel Ngugi. Odhiambo condemned these detentions and called for their swift release, insisting that police should either grant bail or present the individuals in court without delay. Efforts to secure police bail have so far been unsuccessful, adding to the sense of injustice felt by the community.
On the other side of the debate, Makadara Member of Parliament George Aladwa has voiced support for the demolition drive, asserting that the process has followed due procedure. He explained that each of the 4,500 registered residents received Sh150,000 in compensation along with ownership cards for new bedsitter units in the upcoming development. According to Aladwa, these funds have been disbursed, and the cards distributed by the Housing Board, ensuring a pathway to improved housing. The MP described the broader project as a transformative initiative set for completion within two years, featuring modern residential blocks, commercial areas, schools, hospitals, green parks, and additional infrastructure designed to uplift the entire neighborhood.
Aladwa acknowledged potential political backlash, noting that he might forfeit some voter support but remains committed to the long-term benefits for his constituents. He praised those who complied voluntarily by vacating and accused certain opponents of stirring unrest by mobilizing youth to obstruct roads and halt the machinery. As the local representative, he affirmed that he would not endorse the operation without certification of its legitimacy.
The clash underscores a broader tension between ambitious urban renewal efforts and the imperative to protect tenant rights in Kenya's rapidly evolving housing landscape. While the redevelopment promises to replace substandard dwellings with contemporary facilities, the immediate human cost, including displacement without financial security and the targeting of community advocates, has ignited widespread concern. Residents caught in the crossfire describe a chaotic scene of excavators tearing through their lives, forcing hasty evacuations and leaving behind irreplaceable possessions.
As legal challenges loom and calls for accountability grow louder, the fate of Makongeni's displaced families hangs in the balance. Advocacy groups and legal experts warn that proceeding without resolving these compensation gaps could set a dangerous precedent for future evictions nationwide, eroding trust in government-led housing programs. For now, the LSK's stance serves as a rallying cry for fairness, demanding that progress in infrastructure does not come at the expense of basic human dignity.