A community in Nairobi has petitioned the Senate over what they term inhumane evictions, carried out without adequate compensation and public participation, in an ongoing eviction along the Nairobi River.

In a petition tabled before the Senate, the Korogocho Community Forum wants the House to investigate the matter and make recommendations on compensation for those evicted and others awaiting same fate.

The petitioners argue that the eviction process for those affected along the Nairobi River Corridor has been marked by intimidation and, despite several attempts to engage the County and National Governments, no improvement has been made to ensure a fair process.

“We the undersigned humble petitioners pray that the Senate makes inquiries into the matter and makes recommendations on compensation to those already evicted and those who will be affected by future evictions; while also ensuring that any evictions are humane in nature,” part of the petition reads.

According to the petition tabled on the floor of the House by Nairobi Senator Edwin Sifuna, the Korogocho petitioners state that the recent notice by the CEC (County Executive Committee) Nairobi County City Planning did not outline any commitment or plan by the government to compensate those who will be affected by the impending eviction.

According to the petition, many of these residents are structure owners who have resided in the area their entire lives and have no other place to call home.

“It is unacceptable that a community is evicted without adequate notice, public participation, or clarity on compensation. We are dealing with human beings who have lived in these areas for decades,” said Sifuna.

The petition features over 30 signatures from the residents and highlights several grievances, including inadequate public participation and intimidation during eviction processes.

The petitioners also contend that the public notice for the declaration of the Nairobi River Corridor as a special planning area by the CEC of Nairobi County was communicated to the community representatives after the expiry of the 14-day notice period.

The consequence of that, the community argues, is it made them unable to submit their opinions and memoranda on the matter, adding that the reasons for the delay is only known to the local chief and other local leaders.

This is after the Nairobi City County issued a notice in local dailies, declaring the Nairobi River Corridor as a Special Planning Area. This corridor spans the area along Nairobi River, from Naivasha Road to Ruai, including the river tributaries.

Last resort

According to the petitioners, the notice declared the corridor to extend 60 metres beyond the high-water mark on each side of the river (30 30-metre riparian corridor and an additional 30-metre development area).

Further, the petitioners state that the community residents have not been adequately represented in decision-making processes regarding the planning and eviction exercises and that public participation has not been conducted in a meaningful or inclusive manner.

In addition, the residents who were evicted during an earlier eviction phase last year from the alleged riparian land remain uncompensated and that to date, no clear communication has been made concerning their fate or any compensation plans.

“We the undersigned, have pursued all possible means of resolution, including seeking an audience with the Governor, Nairobi City County, the County Executive of Nairobi and the County Assembly of Nairobi, in vain. We have been left with no option but to petition the Senate of the Republic of Kenya,” the petition states.

The petitioners want the both the national and the county government to ensure that even when they are carrying out any evictions, they are done in a humane manner.

The petitioners further argue that public participation is necessary as required by the Constitution and that community representatives should be included in all decision-making processes involving the Nairobi River Corridor. According to Sifuna, this clear disregard of the opinions of the residents, some of whom have lived in the area for decades, was what they were against.

“The residents of Korogocho are not against development or environmental restoration. However, they deserve fairness, dignity and a seat at the table where decisions about their lives are made,” Sifuna stated.

 Article 119 of the Constitution of Kenya, grants every person the right to petition Parliament on any matter within its authority.