Kariobangi residents evicted forcefully by the state want three Cabinet Secretaries and Police IG 3 Hillary Mutyambai removed from office for allegedly violating their rights.
In a court petition filed on Friday afternoon, the residents want the court to find the eviction in the middle of a pandemic against the law.
Through the Kariobangi Sewerage Farmers Self Help Group, the residents want the court to dismiss Interior CS Fred Matiang’I, Sicily Kariuki (Water), Farida Karoney (Lands), Mutyambai and Attorney General Paul Kihara.
“They worked in cahoots with the police in effecting mass evictions against the people of Kariobangi and willfully disobeyed a court order. They acted against the public trust that act in a manner enhancing confidence in all state offices,” the petition reads.
Lawyer John Khaminwa argue that before a forced eviction is carried out the state should consult with the landowner and the persons to be availed. The evictees should be given adequate and reasonable notice, not less than three months, he said.
“Section 5 of the Eviction Act provides a person who forcibly evicts another person without a court order commits an offense and is liable to an fine not exceeding Sh1 million or imprisonment not exceeding two years or both,” the petition reads.
Khaminwa says the mentioned public officers did not serve the residents with the three-month notice before they forcibly evicted them.
“This petition questions the validity of the state’s actions in overseeing the forced evictions that took place on May 4 at Kariobangi without informing the residents,” Khaminwa said.
The residents said the officers are in blatant breach of the Constitution and international law and thus evictions during the Covid-19 pandemic have shown the government cannot protect its own people.
“If they continue to hold public office it would be unconstitutional and against Chapter 6 of the Constitution which requires public official to behave in a manner that promotes trust in the offices they hold,” they argued.
Isaac Adan, chairman of the group, says they have lost confidence in the leadership of the Cabinet Secretaries who have abused their office and said they should be replaced with Kenyans of integrity.
“Innocent Kenyans have been victims of this poor leadership and they are now declared unfit to manage state office. Thousands of Kenyans will continue to be subjected to degrading treatmens and will have no resources to seek redress for violations of their rights,” Adan said.
(Edited by V. Graham)
