Jogoo Road residents petition court over looming evictions

They argue that the 60 days notice period to vacate the estate is too short

In Summary
  • The residents claim to have lived in the estate for over 30 years.

  • They argue that on February 29, they received the letter which they say came as a shock to them.

Image: JUDICIARY

Residents of Jogoo Road Phase 2 Estate have moved to court to stop the government's plan to evict them from their houses to pave the way for the affordable housing project.

The Ministry of Land, Public Works, Housing and Urban Development on February 27 wrote to over 300 residents requiring them to evacuate and surrender their respective houses to the Director of Estate Management by April 30.

Housing PS Charles Hinga said the estates they live in have been earmarked for the Affordable Housing Program which is part of the Bottom-up Economic Transformation Agenda.

The affected estates include Jogoo Road Phase 1 and 2, Jamaa, Mbotela, Ahero and Mawenzi Gardens.

In their suit papers, Kennedy Ochuodho and 10 others are seeking a temporary order restraining the CS and PS from demolishing, evicting them, relocating or in any way interfering with their peaceful and quiet occupation of the houses at Jogoo Road Phase 2 government estate.

They are suing on their behalf and on behalf of the other 335 residents of the Jogoo Road Phase II government estate.

The estate comprises 365 house units. The said houses were built by the government to provide decent and affordable housing for civil servants working in various ministries of the national government.

The residents claim to have lived in the estate for over 30 years.

They argue that on February 29, they received the letter which they say came as a shock to them.

“We have been made to believe that Jogoo Road Phase 2 government Estate was not one of the properties earmarked under the affordable housing government agenda,” they claimed.

They argue that the 60-day notice period to vacate the estate is too short, especially bearing in mind the many years they have occupied the area with their families.

Those occupying the current houses are cleaners, government drivers and clerks whose housing allowance ranges from as low as S4000 to  Sh6500 per month.

“We have school-going children. The action by the government will violate our children’s right to education,” read their court documents.

High Court Judge Justice Mwita directed the residents to serve the CS and PS Ministry of Housing with their suit papers.

He will issue further directions on March 12 when parties are expected to address the court on whether it has jurisdiction to hear the matter.

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