• Residents said they sought the intervention of the Mombasa County Assembly but there was no response.
• They said they were evicted before they could sign the resettlement agreement and; or receive their compensation cheques.
Image: JOHN CHESOLI
Residents of Buxton Estate in Mvita have sought the intervention of the Senate after the court declined to stop Mombasa County government from forcibly evicting them from their houses.
Mombasa residents seek intervention of Senate after court declined to stop eviction
In a petition to the Senate, the residents said they were evicted before they could sign the resettlement agreement and; or receive their compensation cheques.
They noted that on March 4, 2021, the land and environment court dismissed their application for an injunction and on March 5, 2021, the county inspectorate department commenced the demolition of housing structures within the estate
“There was no notice for eviction and demolition of structures within the estate. This action amounts to violation of human rights and dignity of the residents,” the petition said.
The residents said they had previously sought the intervention of the Mombasa County Assembly but there was no response.
“Since there is no any pending matter before any court of law or other constitutional or legal bodies. the petitioners therefore, pray, that the Senate intervenes,” they said
They want the Senate to assist in halting further demolition and eviction exercise and ensure they get adequate compensation.
The petitioners were residents of Buxton Estate until 5 March, 2021 when they were forcefully evicted by the Mombasa County Government inspectorate personnel.
In 2016, the Mombasa County Government under Vision 2035 sought to re-develop all housing estates in the county and replace them with modern buildings. Buxton Estate was one of the estates earmarked for re-development under Vision 2035 strategy document.
Narok Senator Ledama Olekina said the committee that will handle the matter should recommend formulation of public participation legislation.
“When a county demolishes property, where do they expect the people to go? We have to do things in this country with the view of having solutions,” he stated.
Nominated senator Getrude Musuruve said the action by the Mombasa County Government was merciless for the residents.
“If there is any issue on eviction, it ought to be acceptable by the community. If there is any development that was going to take place to elevate the standards of the people of Mombasa, the county government needed to give a hearing for the people of Mombasa to accept it,” she said.
Musuruve said there is need for the county government to appear before the Senate to explain their action and the measures they put in place to ensure that even when they are developing Mombasa, the residents are not affected adversely.
She added: "It is time that the Senate stood up for the people of this country to ensure that the vulnerable are given a hearing. They should not just be evicted from their land like that”
The petition was committed to the Standing Committee on Roads and Transportation.
It will be required to respond to the petitioner by way of a report addressed to the petitioner and laid in the House in two months.