Makongeni residents secure legal win as judge suspends evictions and demolitions pending hearing
The petitioners are seeking multiple conservatory orders, including the immediate restoration of water and electricity, a halt to any further evictions, and an order stopping home demolitions until the application and main petition are resolved.
The Environment and Land Court has issued urgent conservatory orders blocking the planned eviction of hundreds of residents from Makongeni estate in Nairobi and halting any demolition of homes in the area.
The orders were granted by High Court Judge Charles Mdogo after lawyers representing the Makongeni community filed an urgent application accusing the respondents of violating the residents' constitutional rights through intimidation and unlawful disconnections of basic services.
"Pending the hearing, the judge granted prayers 2, 3, and 4 of the petitioners' application—effectively restoring water and electricity to the estate and suspending any further evictions or demolitions," the court documents read.
In their application, the petitioners informed the court that the respondents had illegally disconnected water and electricity services and deployed officers who allegedly terrorised residents in an attempt to force them out of their homes.
They argued that these actions were carried out without proper notice, lawful justification, or due process, amounting to a breach of their rights to dignity, housing, security, and fair administrative action.
Violent eviction attempts
The petitioners—residents Samuel Ngugi, Collins Otieno, Karen Onyango, Seraphine Muraguri, Wycliffe Omiti, and the Makongeni Residents' Association—moved to court under a certificate of urgency following what they described as violent and unconstitutional eviction attempts.
The residents accuse the Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board of unleashing officers and hired goons into Makongeni estate soon after the court declined to issue conservatory orders on November 20.
According to the petitioners, these groups disconnected water and electricity before carrying out forceful evictions "in the most inhumane, inconsiderate, and degrading manner."
Conservatory orders
The petitioners are seeking multiple conservatory orders, including the immediate restoration of water and electricity, a halt to any further evictions, and an order stopping home demolitions until the application and main petition are resolved. They also request the court to issue any other orders it deems necessary.
In his directions, Justice Mdogo ordered the petitioners to immediately serve their application on all respondents, with service to be completed no later than the close of business on November 25. The respondents will have five days from the date of service to file their responses and replying affidavits.
The judge noted that the petition raised serious constitutional issues, warranting the court’s intervention to protect the residents in the meantime. The court further scheduled the inter partes hearing for December 4, 2025.
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