High court stops eviction of over 1,000 Ngara Railway estate residents
In the suit, the residents say they are retirees of the Kenya Railways Corporation who have lived in the premises since their days of service, while others are senior citizens who have lived in the Ngara estate together with their families.
Over 1,000 residents of Ngara Railway estate have got a reprieve after the High Court stopped their eviction and sale of the land pending hearing and determination of the suit.
Ngara Railway Southern Zone Resident Association had moved to court on behalf of the residents challenging their eviction and wanted a declaration that the Kenya Railway Corporation Benefit scheme's intended eviction and actions be found to have contravened on adherence to rule of law.
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Justice Judy Omange certified the matter as urgent and issued the orders.
She also directed that the application be served to the respondents and responses be filed within 14 days. The matter will be heard on June 11, 2025.
In the suit, the residents say they are retirees of the Kenya Railways Corporation who have lived in the premises since their days of service, while others are senior citizens who have lived in the Ngara estate together with their families.
They claim that through their chairman, they were informed by the respondents that they will be evicted on Tuesday, May 6.
They argue that apart from the verbal communication issued to its chairman on April 16 this year, there was no prior or further information given to the members pertaining to the intended eviction.
They aver that on April 17, they were shocked to see a newspaper advert to the effect that the property was on sale.
No involvement
They argue that they have never been involved in any decision on any intended eviction or the alleged sale, despite having a stake in the property.
"The petitioner avers that the alleged intended sale is illegal as the legality of the current trustees to hold office is currently under challenge before the high court," they claim.
They state that the estate consists of over 200 households residing in the houses originally constructed by the Railways Corporation to house its employees, but under the management of the Kenya Railways retirement benefits scheme.
"The premises house 200 households, which cumulatively run to accommodation of a population of over 1,000 residents. The said residents consist of tenants, workers of the first interested party, former workers of the interested party (retirees), businesses, places of worship, schools, amongst other social amenities which have since been established to take care of the social needs of the community," court documents read.
The petitioners argue that amongst the residents are retirees who are former employees of the corporation who have lived in the premises since their days of service and even after retiring for periods running even up to 50 years and have known no other home in that period save for the residences which were allocated to them in the demised property.
"The eviction is disguised as a sale on the advert while the same was communicated expressly verbally to the chairman, whereupon they were only given 20 days' notice contrary to the law", the documents read.
They argue that before any eviction can occur, they are protected under the law and they have a legitimate expectation that the law will be followed to the letter in protecting their rights, contrary to what is planned to take place on May 5, 2025.
The association also say that its members have never been involved in any decision pertaining to either any Intended eviction or the alleged sale, despite having a stake in the property, where, apart from having leases, others are also members of the 1st respondent and ought to have been part of the decision-making.
The intended eviction is legal, against the petitioner's members' human rights and the legal principles on eviction, they say.
They now want the court to stop the intended eviction declaration that the intended eviction of the Petitioner's members is unconstitutional, illegal and unlawful as it contravenes the legal provisions on eviction as set out in Section 1528 and C of the Land Act 2012.
"A declaration that any forcible, violent and brutal eviction through demolition of homes of the Petitioner's and other residents of the Ngara Estate without any warning, Court Orders or reasonable Notice in writing or availing them information regarding the victions and without according them alternative shelter and or accommodation is a violation of their fundamental rights to inherent human dignity and the security of the person guaranteed by articles 28 and 29 (c) (6) and (f) of the Constitution", the residents claim.
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