On 28th August 2017, Nairobi City County put a notice to the public that 30th August 2017 two days after notice, the public was supposed to participate and participate towards formulation of the County Integrated Development Plan (CIDP) 2017-2022. Continue reading “PUBLIC PARTICIPATION IS VITAL TOWARDS REALIZATION OF SOCIO-ECONOMIC RIGHTS”
A slum is defined as a heavily populated urban area characterized by substandard housing. This term is interchangeable with the term informal settlement. In Kenya, it is estimated that more than 34% of the total population live in urban areas. An estimated 71% of the urban population live in slums.
In 2012 the Government through the Ministry of Housing initiated the process of coming up with the National Slum Upgrading and Prevention Policy (NSUPP). The Constitution of Kenya, Article 43 provides the right to accessible and adequate housing. Article 21 requires the Government to take appropriate policy and legislative measures to ensure this right is reserved.
Below are some of the objectives of the policy:
For more articles on the right to Housing visit www.hakijamii.com
Article by Linda Ikenye
10th May 2013 is a date set in the minds of the residents of City Carton informal settlement. Nearly 4000 homes were destroyed during the forced evictions. Fast forward to the present and the fear of re-living this nightmare may become a reality. Today more than 2000 residents are facing imminent forcible evictions due to road construction.
With Vision 2030 Infrastructural goals it is expected that road construction and expansion shall bring some disruption to the society. Residents of the informal settlement are not against the road construction but would like to be properly compensated and or relocated.
Amnesty Kenya in conjunction with Hakijamii held a Human Rights Café on the 31st day of May 2017 in City Carton. As the residents introduced themselves, it came out clearly that majority of them have lived there since birth. To many of them, this is the only place they have known as home. Most of them refer to City Carton as ‘Kismayo’ named after the port city in Somalia. When asked why, the response was that the name ‘Kismayo’ came after their previous evictions where they felt they were left separated or stranded in the middle of nowhere like the city which is right in the middle of water.
During the Human Rights Café forum, residents of Deep Sea informal settlement were invited and shared their experiences on forced evictions (Read here on The Deep Sea Evictions https://hakijamii.wordpress.com/2016/07/19/deep-sea-evictions-aftermath/). Miss Katunge and Mr. Antony Waria (both who are residents of Deep Sea and suffered immensely from the forced evictions) shared on how they refused to move from the informal settlement and fought for their rights which bore fruit as they were compensated and are now in the process of being resettled to a new land.
Through the discussions it was evident that the residents of City Carton were not well informed about their rights. Article 43 (1) (b) of the Constitution of Kenya, 2010 states that every person has the right to accessible and adequate housing and to reasonable standards of sanitation. Residents of City Carton have the right to have security in knowing they will be relocated to an area that won’t infringe on their rights.
For more blogs on eviction visit www.hakijamii.com
Article by Linda Ikenye
Mukuru is an informal settlement in the East of Nairobi. It stretches along the Nairobi Ngong River. Mukuru has 8 villages; Kwa Njenga, Mukuru Kwa Reuben, Sinai, Paradise, Jamaica, Kingstone, Mariguni and Fuata Nyayo. It is estimated that more than 700,000 people occupy the informal settlement. Continue reading “STATE OF SANITATION IN MUKURU INFORMAL SETTLEMENT”
Constitution of Kenya 2010 in Chapter Four, that is the bill of rights and other provisions have a direct impact on right to housing in general and particularly on evictions. Article 10 on national values and principles of governance include among others commitment to human dignity and human rights including non-discrimination and protection of the marginalized.
Mandatory procedures during evictions according to the LLAA 2016
How should evictions notice to unlawful occupiers of public land be handled?
How should eviction notice to unlawful occupiers of community land be handled?
What is public land?
How should property that is left behind after an eviction be handled?
For more information visit our website at www.hakijamii.com
Article 37 of the Constitution makes it a right for citizens to petition the Nairobi County Assembly.
Here are the steps to follow to correctly present a petition:
- Here is a checklist for the petition form:
- How to present the petition:
- Petition Consideration:
For more information on the petitioning process visit http://www.hakijamii.com/
In the context of land reform, recognition of community land was a step towards reversing the historical land injustices against communities rendering them vulnerable to marginalization and exploitation. This created a misconception that community land is owned by nobody, a practice that went on through the successive independent governments. Ultimately community land became trust lands under the trusteeship of now defunct local government.
The guiding principles to this Act include, vesting community land in the communities, affording equal status and recognition of title, empowering members of the community to determine the management of the land, affording equal rights to all members of the community and elimination of all forms of discrimination.
Definition of “Community” within the Community Land Act
What are the steps that should be followed in the registration process of community land?
Are customs and practices related to land use by pastoral communities recognized by the Community Act?
Except with a written authority from registered authorities in the community, a person shall not:
- Erect or occupy any building within the community land.
- Plough or cultivate any portion of land.
- Take up or occupy any portion of the land.
- Obstruct and prevent any person from accessing water points with contravening this being liable on conviction to a fine not exceeding Ksh. 100,000 or imprisonment for a period not exceeding six months.
Does the Act provide equal enjoyment of rights of use and access?
- Yes it does. It includes women, youth, men, minority, persons with disabilities and marginalized groups.
For more information on the Community Land Act visit our website www.hakijamii.com