State accused of rights abuses in Mau Forest evictions

An international rights group has accused the government of rights abuses in the eviction of Mau Forest settlers.

In a report released on Thursday, Human Rights Watch said the state used excessive force in the evictions carried out last year, violating guidelines put in place in 2010.

The report slams the Jubilee administration for neglecting the evictees who are now starving in camps.

“Despite credible reports of abuses during the first phase of evictions and calls to halt them, including a pending 2018 case at the Nakuru law courts to stop evictions, the authorities went ahead with the second phase,” the report says.

“They did not follow the Evictions Guidelines of 2010, which require authorities to provide a 90-day notice, publicised in the Government Gazette and posted in open places for those targeted for eviction to see. In late August, Narok county commissioner George Natembeya issued a 60 –day notice but allowed the evictions to begin just a day later.”

The report that is likely to put Kenya into disrepute says two people died as a result of police brutality while others sustained serious injuries.

“At least five others died months later, potentially in part due to harsh conditions such as lack of food and excessive cold, but Kenyan authorities have denied that anyone died,” it says.

Last year, the government embarked on a mission to flush out up to 60,000 families out of the water tower that feeds several rivers and lakes in southern Kenya into Tanzania.

Leaders from the Rift Valley criticised the manner in which the eviction was conducted, despite the settlers having genuine title deeds and the government having invested a lot in building infrastructure such as schools.

HRW notes that under international law, forced evictions are a serious violation of human rights and the state must at all times put in place measures to prevent them.

“States have the responsibility to ensure compensation of the displaced communities, irrespective of whether they hold title deeds. The authorities should also respect the right to property of any individual, family, or community that owned the land, including those owning the land under customary law,” the report states.

It says in cases where the evictions are lawful and necessary due to exceptional circumstances, the state should still act within the law and adhere to international standards.

“They must comply with the law, give those affected an effective right to challenge the eviction, provide accountability for violations, strictly avoid discrimination and give attention to vulnerable and marginalized groups,” it says.

Otsieno Namwaya, a senior Africa researcher at HRW, said the organisation interviewed 67 victims of the Mau Narok evictions and found out that even with the Covid-19 pandemic, the displaced people had yet to receive assistance from the government, including the elderly who should benefit from the cash transfer Programme.

Namwaya noted that the government should urgently provide food and financial support to the thousands of the displaced and ensure evictees are compensated.

“Given credible evidence that the majority had bought the land close to 30 years ago, the government should investigate all abuses during the forced evictions from Maasai Mau and hold those responsible to account,” he said.  

“Kenya’s government should move swiftly to prevent further starvation-related deaths in the Mau camps. Leaders cannot just close their eyes to what is happening with the Mau evictees, especially at this time when we should be cushioning the vulnerable against the effects of Covid-19.”

While government officials claimed they allowed the evictees to remove their belongings including food in stores, HRW was told police destroyed their crops, killed their livestock and torched their homes.

Police prevented evictees from going back to fetch their belongings or harvest food, camp residents told HRW.

"A 42-year-old man, who was evicted from Sierra Leone market centre where he had a home and a shop, said police threatened to shoot him when he attempted to return to his old home,” Namwaya said.

Edited by Henry Makori