NAIROBI, Kenya — The Law Society of Kenya (LSK) has announced that it will file a court challenge against the government over the ongoing demolitions in Makongeni Estate, Makadara Constituency, arguing that the evictions violate constitutional safeguards and internationally recognized human rights standards.
LSK President Faith Odhiambo said the destruction of homes in Makongeni — an estate housing an estimated 40,000 residents — amounted to unlawful and inhumane evictions, especially because most families had not yet received the Sh150,000 Relocation Facilitation Fund promised by the government.
“The ongoing demolitions offend fundamental principles of law and human rights and should therefore be suspended in the interests of all residents,” Odhiambo said in a statement.
According to LSK, the State had issued formal notices requiring residents to vacate to pave the way for a planned affordable housing project. However, the notices were conditional on the payment of relocation funds, which the majority of residents say they have not received.
“The residents had been issued with notices to vacate, subject to payment in their favour of Relocation Facilitation Funds. However, the majority of residents are yet to receive their compensation,” LSK noted.
Residents interviewed on Sunday said that not only had the government failed to honour the compensation pledge, but that the Sh150,000 offered was insufficient for relocation within Nairobi.
The Society cited the Supreme Court’s landmark ruling on evictions, which sets minimum standards for lawful displacement. These include:
- Issuing an adequate and written notice
- Ensuring dignity, security, and safety during the eviction
- Special protection for women, children, the elderly, and persons with disabilities
- Prohibiting evictions at night, during harsh weather, or during school examinations
Odhiambo said the Makongeni operation violated these principles, calling the demolitions “inconsistent with constitutional requirements under Articles 28, 43, and 53 of the Constitution of Kenya.”
She added: “We intend to take the necessary legal interventions to uphold the rights of these citizens and promote the rule of law.”
LSK also condemned the arrest of officials of the Makongeni Estate Residents Association, including Chairman Samuel Ngugi, who were reportedly detained after opposing the demolitions. Attempts by lawyers to secure their release on police bail had been unsuccessful by Thursday evening.
The Society urged police to present the detained leaders in court “without delay,” warning that it would seek judicial remedies if due process remained ignored.
Makadara MP George Aladwa defended the government’s actions, insisting that residents had been offered relocation facilitation and should move to allow development to proceed.
“The residents have been offered the Sh150,000 relocation facilitation. They should move out to pave the way for the project,” he said.
The demolitions form part of the State’s broader affordable housing programme, which has drawn mixed reactions, with supporters citing job creation and urban renewal, while critics warn of flawed processes and inadequate public participation.
If LSK files its planned petition, the case will likely revive national debate on forced evictions, housing rights, and State obligations — questions that have repeatedly surfaced in past demolitions in Syokimau, Kariobangi, Mukuru, and Kibera.
The Society says it aims to secure immediate conservatory orders to halt further demolitions until the court determines whether the State acted within the law.
