The Environment and Land Court has stepped in to protect residents of Makongeni Estate by issuing temporary conservatory orders that block the government from going ahead with the planned evictions.
These orders offer immediate relief to families who were facing displacement as the government pushes forward with the affordable housing project.
Earlier, residents had been instructed to leave their homes by December 2 to allow construction to begin. This announcement created tension across the community, as many people felt unprepared to move, especially with essential services like water and electricity being disconnected.
The court’s decision followed a petition filed by Otieno Willis Evans Otieno, who moved to court on behalf of several Makongeni residents. In his petition, Otieno argued that the eviction process was being done unfairly and without proper safeguards.
He also asked the court to compel the government to restore basic utilities such as water and electricity, which he said had been cut off deliberately to pressure residents into leaving.
The court sided with the residents and directed the government to immediately reconnect water and electricity while the case continues. The court further ordered the authorities to stop any new evictions or demolitions until the matter is fully heard and determined.
Speaking shortly after the ruling, Otieno described the decision as a major win for the community.
“This ruling shows that state power has limits,” he said. “It reminds us that the Constitution still protects vulnerable groups, even when the powerful try to overstep. Makongeni will not disappear. We will continue standing together.”
The government has previously promised that once the affordable housing units are completed, the current residents will be given priority when buying the new homes. Officials claimed this would help the community remain intact and benefit from the upgraded housing project.
So far, more than 3,000 residents have been paid Ksh150,000 each to help them relocate. However, many others are still waiting for compensation, making it difficult for them to move or secure alternative housing. This delay has been one of the biggest concerns raised by the community.
Otieno’s announcement came just a day after the Law Society of Kenya (LSK) called on the government to halt the eviction plan. LSK said the evictions were being carried out in a way that violated the rights of residents.
The society also warned that they would take legal action if the government failed to respect the law and uphold human rights.
LSK President Faith Odhiambo noted that if evictions must happen, the government should give residents enough time to safely relocate their belongings.
She also emphasized the need to protect vulnerable groups, including women, children, and the elderly, during the entire process.
“Evictions must follow globally recognised standards,” Odhiambo said in a statement. “This includes giving written notice, ensuring respectful treatment of all affected people, and conducting the exercise in a way that protects their dignity, safety, and right to life.”
The court’s intervention now gives residents a temporary shield as they wait for a full hearing, offering them a chance to fight for their homes and their dignity.
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