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Post Reply: Forced Evictions from Riparian Land: Understand Your Rights

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	Forced evictions, particularly in informal settlements like Mathare and Mukuru Kwa Njenga, have become a recurring issue in Kenya, often justified by the need to clear riparian land to mitigate environmental risks such as flooding. These evictions, however, have frequently been carried out in ways that violate residents’ constitutional and statutory rights, leading to significant human rights concerns. This article explores the legal protections available to residents facing forced evictions from riparian land in Kenya, the specific challenges seen in cases like Mathare and Mukuru Kwa Njenga, and the steps individuals and communities can take to challenge unlawful demolitions.
Forced evictions refer to the removal of individuals or communities from their homes or land against their will, often without adequate notice, compensation, or alternative accommodation. In Kenya, evictions on riparian land (areas within 30 meters of rivers or water bodies) have been justified by the government as necessary to prevent flood-related disasters or to reclaim public land. However, these actions have disproportionately affected residents of informal settlements, such as Mathare, Mukuru Kwa Njenga, Mukuru Kwa Reuben, and Kiamaiko, leading to loss of property, livelihoods, and, in some tragic cases, lives.
The Kenyan Constitution (2010) and various statutes provide a robust framework to protect citizens from arbitrary evictions. However, implementation gaps, corruption, and private interests often undermine these protections, as seen in recent demolitions in Nairobi’s slums. Understanding your rights and the legal processes for challenging unlawful evictions is critical for affected communities.
<h3 dir="ltr">Legal Protections Against Forced Evictions</h3>
Kenya’s legal framework offers several protections against forced evictions, rooted in constitutional guarantees and statutory provisions. Below are the key legal safeguards:
<h4 dir="ltr">1. Constitutional Protections</h4>
The Constitution of Kenya (2010) is the cornerstone of legal protections against forced evictions, with several articles directly addressing the rights of residents:
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Article 28: Right to Human Dignity 
Every person has the right to inherent dignity and to have that dignity respected and protected. Forced evictions that leave residents homeless, exposed to harsh conditions, or without access to basic services violate this right.
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Article 29(c): Freedom and Security of the Person 
This article protects individuals from being subjected to violence or treated in a cruel, inhuman, or degrading manner. Demolitions carried out with excessive force, such as those involving police brutality or destruction of property without notice, contravene this provision.
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<li>
Article 40: Protection of the Right to Property 
While this article protects the right to own property, it does not extend to unlawfully acquired land. However, residents who have lived on land for extended periods (e.g., over 12 years) may claim ownership under adverse possession laws, as seen in cases like Mukuru Kwa Njenga, where families have resided for decades.
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Article 43: Economic and Social Rights 
This article guarantees the right to accessible and adequate housing, clean water, and education. Forced evictions without alternative accommodation or compensation violate these rights, particularly for vulnerable groups such as children, the elderly, and persons with disabilities.
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Article 47: Fair Administrative Action 
Residents have the right to administrative actions that are expeditious, lawful, reasonable, and procedurally fair. Evictions without proper notice or public participation violate this right.
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Article 53: Rights of Children 
Children have the right to education and basic necessities. Demolitions that destroy schools or displace families without ensuring continued access to education infringe on this right.
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</ul>
<h4 dir="ltr">2. Statutory Protections</h4>
The Land Act (2012), as amended by the Land Laws (Amendment) Act (2016), provides specific guidelines for evictions to ensure they are conducted humanely and legally. Key provisions include:
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Section 152E: Three-Month Notice Requirement 
Evictions must be preceded by a written notice, published in at least two daily newspapers of nationwide circulation and displayed in at least five strategic locations within the affected area. The notice must be in a language understandable to residents and issued at least three months before the eviction.
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Section 152G: Procedural Requirements 
Evictions must:
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Be carried out with proper identification of those conducting the eviction.
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Include government officials or representatives during the process.
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Respect the dignity, right to life, and security of affected persons.
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Provide special protections for vulnerable groups (e.g., women, children, the elderly, and persons with disabilities).
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Include mechanisms to protect property left behind from destruction.
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Allow affected persons priority to salvage their belongings.
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Adhere to principles of necessity and proportionality in the use of force.
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</ul>
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Compensation and Resettlement 
The Kenya Informal Settlements Improvement Project (KISIP) Resettlement Policy Framework mandates compensation for Project Affected Persons (PAPs). Evictions without compensation or alternative accommodation are unlawful.
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</ul>
<h4 dir="ltr">3. International Obligations</h4>
Kenya is a signatory to international treaties that protect against forced evictions, including the United Nations Guidelines on Evictions. These guidelines emphasize that evictions should not result in homelessness, must involve genuine consultation with affected communities, and should provide adequate compensation and alternative housing.
<h3 dir="ltr">Case Studies: Mathare and Mukuru Kwa Njenga</h3>
<h4 dir="ltr">Mathare Evictions (2024)</h4>
In April 2024, the Kenyan government issued a directive for residents living within 30 meters of rivers in Nairobi to vacate within 48 hours due to flood risks. In Mathare, demolitions were carried out with little notice, leading to significant hardship. Residents reported inhumane treatment, including the use of bulldozers while people were still inside homes. Tragically, a 17-year-old boy was killed by a bulldozer while attempting to salvage belongings, and another resident died during the chaos.
The High Court, in a landmark ruling on November 5, 2024, declared these evictions illegal and unconstitutional, citing violations of Articles 35, 47, and 53 of the Constitution. The court ordered the government to compensate affected residents for losses and to form a joint team to assess damages within 120 days, with compensation to be paid within 60 days of the assessment. The ruling emphasized the lack of proper notice, consultation, and alternative accommodation, as well as the disproportionate impact on vulnerable groups.
<h4 dir="ltr">Mukuru Kwa Njenga Evictions</h4>
Mukuru Kwa Njenga has faced multiple waves of evictions, including in 2021 and 2024, often linked to infrastructure projects like the Nairobi Expressway or flood mitigation efforts. In 2021, over 75,000 people were displaced, with demolitions extending beyond the designated 30-meter riparian zone, raising suspicions of private developer interests. Residents reported police violence, including the use of live bullets, and the destruction of personal property without compensation. In 2024, evictions following floods left families homeless, with some resorting to makeshift tents amid open sewage.
The Mukuru Special Planning Area (SPA), established under the Kenyan Physical Planning Act, aims to address slum challenges through community-led planning. However, areas like Mukuru Kwa Njenga were excluded from the SPA, leaving residents vulnerable to arbitrary evictions. Community organizations, such as the Muungano Alliance, have mobilized to resist these evictions, advocating for inclusive planning and resettlement.
<h3 dir="ltr">Challenges in Enforcing Legal Protections</h3>
Despite robust legal protections, several challenges hinder their enforcement:
<ol dir="ltr">
<li>
Lack of Proper Notice 
Evictions in Mathare and Mukuru often occur with minimal or no notice, violating the three-month requirement. For example, the 2024 Mathare evictions gave residents only 48 hours to vacate, leaving them unprepared.
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<li>
Corruption and Private Interests 
Many evictions are driven by private developers or “land cartels” with connections to government officials. In Mukuru Kwa Njenga, demolitions in 2021 cleared land far beyond the riparian zone, suggesting motives beyond public safety.
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Excessive Force and Violence 
Police presence during evictions, often in civilian clothes, has led to violence, including shootings and injuries. In Mukuru Kwa Njenga, three deaths were reported in 2012 due to police actions during demolitions.
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Lack of Compensation and Resettlement 
The government frequently fails to provide alternative housing or compensation, leaving residents homeless. Promises of recovery funds, such as the KSh 10,000 per family pledged in 2024, often go unfulfilled.
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Marginalization of Informal Settlements 
Residents of informal settlements are often viewed as “squatters” with no legitimate claim to land, despite long-term occupancy. This perception undermines their ability to assert property rights under adverse possession laws.
</li>
</ol>
<h3 dir="ltr">Challenging Unlawful Demolitions</h3>
Residents facing forced evictions can take several steps to protect their rights and challenge unlawful demolitions:
<ol dir="ltr">
<li>
Seek Legal Aid 
Organizations like Sheria Mtaani, Muungano wa Wanavijiji, and the Kenya Human Rights Commission (KHRC) provide free or low-cost legal support. These groups have successfully challenged evictions in court, as seen in the 2024 High Court ruling for Mathare and Mukuru residents.
</li>
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Document the Eviction Process 
Residents should record evidence of evictions, including videos, photos, and witness statements. In Mukuru Kwa Njenga, police reportedly destroyed residents’ phones to prevent documentation, highlighting the importance of preserving evidence.
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File a Petition in Court 
Residents can file a constitutional petition citing violations of their rights under Articles 28, 29, 40, 43, 47, and 53. The High Court’s 2024 ruling in Mathare demonstrates the effectiveness of legal challenges when supported by evidence and legal representation.
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Engage in Community Mobilization 
Community organizations like the Muungano Alliance have resisted evictions through protests and advocacy. In Mukuru, mobilization in 2012 prevented further demolitions, preserving parts of the settlement.
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Demand Public Participation 
The Constitution mandates public participation in development projects. Residents should insist on inclusion in planning processes, such as those under the Mukuru SPA, to ensure their voices are heard.
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Invoke International Mechanisms 
Residents can report violations to international bodies like the UN Special Rapporteur on the Right to Housing. In 2020, UN rapporteurs condemned Kenya’s evictions during the COVID-19 curfew, highlighting global scrutiny.
</li>
</ol>
<h3 dir="ltr">Recommendations for Systemic Change</h3>
To address the root causes of forced evictions, the following measures are essential:
<ul dir="ltr">
<li>
Implement Land Reforms 
Kenya’s inequitable land ownership structure fuels evictions. Comprehensive land reforms, as recommended by scholars like Kefa M. Otiso, would ensure equitable access to land and secure tenure for informal settlement residents.
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Strengthen Enforcement of the Land Act 
Authorities must adhere to the procedural requirements of the Land Act, including proper notice and compensation. Independent oversight bodies should monitor compliance.
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<li>
Expand Community-Led Planning 
The Mukuru SPA model, which involves residents in planning, should be extended to all informal settlements to prevent arbitrary evictions and promote sustainable development.
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Address Corruption 
Investigations into private interests behind evictions, as seen in Mukuru Kwa Njenga, must be prioritized. Officials implicated in land grabs should face prosecution.
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Provide Alternative Housing 
The government must fulfill its constitutional obligation to provide adequate housing, especially for vulnerable groups displaced by evictions.
</li>
</ul>
<h3 dir="ltr">Conclusion</h3>
Forced evictions from riparian land in Kenya, as seen in Mathare and Mukuru Kwa Njenga, highlight a systemic failure to uphold constitutional and statutory protections. Residents have clear rights under the Constitution, the Land Act, and international law, including the right to dignity, adequate housing, and fair administrative action. By leveraging legal aid, community mobilization, and judicial remedies, affected communities can challenge unlawful demolitions and seek compensation. However, long-term solutions require addressing corruption, implementing land reforms, and prioritizing inclusive urban planning. Until these systemic issues are resolved, residents of informal settlements will remain vulnerable to the devastating impacts of forced evictions.
Contact us for expert guidance at +254 716 808 104 or <a href="mailto:info@lawguide.co.ke">info@lawguide.co.ke.</a>
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