NAIROBI, Kenya — The Environment and Land Court has issued temporary conservatory orders stopping the government from proceeding with the planned eviction of Makongeni residents ahead of an affordable housing project, offering a significant reprieve to thousands of families facing displacement.
The ruling follows a petition filed by Otieno Willis Evans Otieno, who moved to court on behalf of affected residents, accusing the state of using coercive tactics — including the disconnection of water and electricity — to force people out before the announced December 2 deadline.
In his application, Otieno asked the court to intervene urgently to protect residents’ rights and to restore essential services. The court granted the orders pending a full hearing of the matter.
“The court has now directed the respondents to immediately restore water and electricity and barred them from carrying out any further evictions or demolitions pending the full hearing of the case,” Otieno said after the ruling.
He described the decision as “a victory for the people; a reminder that state power has limits and that the Constitution still speaks loudly for the vulnerable when the powerful overreach.”
More than 3,000 residents have so far received Sh150,000 in relocation assistance, according to government records, but a significant number remain uncompensated and unable to move — a factor that has intensified resistance to the eviction plan.
Many families said they lacked alternative housing or adequate notice to facilitate a dignified transition.
The State had earlier assured that once the affordable housing units are completed, Makongeni residents would receive priority allocation to help the community rebuild within the same locality. However, civil society groups and residents have questioned whether the assurances are sufficiently backed by policy guarantees.
The latest court decision also comes in the wake of a strong statement from the Law Society of Kenya (LSK), which warned the government against proceeding with demolitions in violation of constitutional protections. LSK President Faith Odhiambo cautioned that forced relocation without due process would amount to a breach of rights.
“Evictions must adhere to certain globally recognised minimum standards, including the duty to give notice in writing and to carry out the eviction in a manner that respects the dignity, rights to life and security of those affected,” Odhiambo stated. She added that vulnerable groups — including women, children, and the elderly — must receive special protection during any state-led clearance.
LSK also signalled its readiness to pursue legal action if authorities failed to apply humane and lawful procedures.
The case will proceed to a full hearing where the court will determine whether the planned evictions, compensation process, and relocation plans meet constitutional thresholds under Articles 28, 43, and 47, which safeguard human dignity, the right to adequate housing, and fair administrative action.
For now, residents will remain on the land as the legal contest continues, with the temporary orders effectively pausing one of the Nairobi metropolitan region’s largest mass relocation efforts tied to the national housing agenda.
