Nairobi, Kenya—The path to accessible and adequate housing, a right enshrined in Article 43 (1) (b) of the Constitution, remains a duality of ambitious state progress and persistent human rights setbacks, according to the latest report by the Kenya National Commission on Human Rights (KNCHR).
The government’s commitment to tackling the housing deficit through the Affordable Housing Program , anchored under the Affordable Housing Act, 2024, has yielded tangible results.
The Commission notes that since September 2022, the State has facilitated the construction and completion of 2,379 affordable housing units across four counties, with an additional 11,000 units nearing the final stages of completion.
Furthermore, a massive pipeline of 148,465 units is reported to be under active construction across 43 counties nationwide.
Evictions and Vulnerability Undermine Progress
Despite the impressive figures on construction, the Commission has raised grave concerns over accompanying violations of civil and economic rights. During the review period, there was a noticeable spike in cases of forced or poorly managed evictions, particularly targeting residents of informal settlements.
The KNCHR maintains that these aggressive actions have the effect of increasing people’s vulnerability, disrupting access to essential services, and fundamentally undermining the State’s obligation to uphold dignity and the Rule of Law.
Compounding the problem is a lack of transparency and public engagement in the AHP model itself. The Commission observed that the housing model is “not well understood” by the public due to limited access to information in a manner and language that citizens can appreciate.
The Squatter Challenge
The report also highlighted alarming figures from the Kenya Housing Survey released by the Kenya National Bureau of Statistics (KNBS). While nationally 61.3% of households are homeowners, the prevalence of squatters remains a significant human rights concern, with the highest proportions recorded in:
- Mandera (14.0%)
- Lamu (9.0%)
- Garissa (6.2%)
The rise in vulnerability and the lack of secure tenure underline the urgency for a rights-based approach to land and settlement policy.
A Call for Accountability and Due Process
In its conclusion, the KNCHR issued a forceful call to action, reminding the government of its constitutional duties. The Commission’s recommendations center on strict adherence to the law and heightened ethical standards within the massive housing sector:
- Respect for Rights in Implementation: The government must respect the rights of its citizens while implementing the affordable housing programs.
- Adherence to Standards: Evictions must strictly abide by national and international standards to prevent human rights abuses.
- Sanitation and Dignity: The government must be proactive in providing adequate and quality sanitation facilities in all settlement programmes.
- Fighting Graft: There must be a strengthening of accountability and transparency in all contracts, tenders, and procurement processes within the affordable housing programme to prevent corruption.
The report’s findings underscore that the objective of accessible and adequate housing cannot be achieved through a purely construction-focused lens, but must be firmly rooted in the protection of fundamental human rights and dignity.
