COHRE Housing Rights Update Kenya 2007

KENYA HOUSING RIGHTS UPDATE Breaking news: EVICTION Kibera Soweto residents staying on the slip road from Mbagathi were issued with a 7-day eviction notice dated 22 August. There was no provision for compensation or relocation. (See letter below.) Despite years of calling for improved participation in proposed upgrading efforts in Kibera, the affected residents were not involved in the planning of this road The action is unlawful under Kenyan law.

It violates human rights as protected in the constitution and in treaties ratified by Kenya. In March 2005, the Government promised the UN it would abide by these human rights standards.

The plan also contravenes the letter and spirit of the current upgrading efforts in Kibera settlement. The eviction may jeopardise the entire upgrading programme in Kibera. We call on the Ministry of Housing to halt the eviction plans and consult properly with the residents.

Postscript: After protests on 29 August, the notice was extended but it should be withdrawn to properly allow negotiations. The residents also presented a petition to the Permanent Secretary outlining their grievances and demands.

Deep Sea There are unconfirmed reports that the local chief of Deep Sea, has been served with a court order for the eviction of the residents on a yet to be determined date. The residents are now living in fear and have appealed to NGOs and officials for assistance.

THREATS

Hakijamii Trust

August, 2007

If the eviction proceeds, it will affect over 7,000 residents.

Mathare 3C There are also eviction notices being issued by a local chief in Mathare 3C on behalf of private individuals. These are clearly illegal as chiefs have no authority to deal on issues of evictions.

Mukuru Kwa Reuben Following the recent evictions in Mukuru Kwa Reuben (see page five below), there have been a series of similar notices being issued by other private developers. It is feared that these are indicators of imminent evictions.

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KENYA HOUSING RIGHTS UPDATE

Evictions in forests: CALL FOR A NEW APPROACH

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n 20 May 2007, a coalition of groups released a fact-finding report which found that the Mau Forest evictions violated human rights, including a failure to provide adequate resettlement, as had been promised. The groups were Amnesty International, COHRE, Hakijamii, KLA and KNCHR. The report, entitled Nowhere To Go, found that at least 50,000 persons in Mau Forest had their homes demolished. Many of the victims now live in temporary structures by the side of the road, while others are beginning to return to the forest. The proposed resettlement scheme in Molo has not been implemented. The land allocated for the scheme has been bought privately by a member of the National Cabinet.

The Mau forest evictions are also part of a wider government campaign, which has led to more than 100,000 people being forcibly evicted from their homes and land in Kenyan forests since 2004.

The report calls on the Government of Kenya to declare and enforce a moratorium on mass evictions in forest areas until human rights-based evictions guidelines are in place. It also points out that the forced evictions have largely failed to protect the forests. In many cases, people

have simply returned to their former homes because they have nowhere else to go. The coalition called on the Ministry of Environment to withdraw its new threat against those victims who have returned to the forest.

The report also emphasises that the Kenyan Government needs to: 

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complete the drafting of the national guidelines on evictions; act immediately to provide secure and appropriate accommodation for all evicted families; and compensate the families adequately for destroyed property.

To solve the problem of illegal land allocations in the forest, the Government should establish a land tribunal to investigate each case, as recommended by the Ndungu Commission.

In August 2007, the Government announced that it would compensate over 10,500 people who had been evicted from Mau forest (though the figure of evictees is much higher). The Government wants those who had taken the matter to court to withdraw their case so as to speed up compensation and resettlement.

The Government has promised that, in future, it would use ‘diplomacy’ to make people leave the forest. It is hoped they will stick to this promise.

A copy of the Nowhere To Go report is available at www. cohre.org/kenya. For selected media coverage see allafricaco mstories/200705291512.html

Sierra Leone settlement razed to the ground

KENYA HOUSING RIGHTS UPDATE

Victory against eviction of ISKADEK COMMUNITY IN GARISSA

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he routinely condemned practice of irregular allocation of land is slowly spreading to such formerly remote areas as Garissa. In one case, handled by Hakijamii, it became apparent that land officials in Nairobi were continuing to allocate land already occupied by locals without even ascertaining where the land is located.

In Garissa, a family was on the verge of being evicted on the basis of a title document issued in Nairobi. The title deed concerned a parcel of land occupied for many years by a member of the Iskadek community but it was apparently issued to another person.

Hakijamii represented the community in the High Court in Garissa. A survey of the land was eventually ordered by the judge and carried out despite opposition from other parties to the case. When the survey was conducted, it was determined that the land the family occupies is not actually the land named in the title deed in question.

The tragedy is that title deeds are being issued for land that is occupied and used by locals who are too poor to access the lands offices in Nairobi and are often unaware of what can happen.

It is a recipe for chaos.

We urge the Government to undertake a comprehensive physical planning exercise for Garissa Township and ensure that those occupying land are given priority. It is inexcusable for the Government to continue repeating the same mistakes that have denied security of tenure to many genuine urban dwellers, especially the poor and marginalised.

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MAJOR EVICTION THREAT in Kisumu

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n Kisumu, one case is being closely monitored.

It involves a long standing dispute between the Kenya Airport Authority and members of the Kogony clan that live next to the airport on an area of land called Usoma The story began when the colonial Government acquired part of their clan’s land for the development of an airport. The initial arrangement of resettling those affected did not work out as planned.

Matters have stayed that way until recently when the Government decided that they wanted to upgrade the airport and give it international status. Usoma is part of the area to be affected.

Instead of direct negotiation with the residents of Usoma, as is required under international human rights standards, the Airport Authority decided to deal with brokers who do not even stay on the land. This has created serious tension and fear among the community that they may be evicted at any time.

As the community considers taking the matter to court, we remind the Kenya Airport Authority that, as a state organ, it is obliged to comply with all the procedures regarding development-based evictions including consultation and full and prompt compensation.

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One million SIGNATURES CAMPAIGN

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n Human Rights Day last year (10 December), the Nairobi Peoples Settlement Network, later joined by Muungano Wa Wanavijiji, launched a 1 million-signature campaign for the adoption of human rightsbased eviction guidelines. The campaign has been extended to other regions, including the forests, Makindu and Kisumu.

The objective is to present one million signatures to the relevant Ministries and parliamentary committees so that legislation will be enacted to

ensure that all future evictions are carried out in accordance with international human rights principles and procedures.

The revival of the Task Force on Evictions by the Government is an encouraging development. We hope the Task Force will seriously consider the recommendations made by community groups during their national meeting at Nyayo stadium in 2006. This culminated in the adoption of the now popular Peoples’ Declaration on Eviction Principles (available at www.cohre.org/kenya).

The booklet on eviction guidelines that were adopted during the Human Rights Day on 10th December 2005

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EVICTIONS MONITOR Westlands, Nairobi, 28 March 2007 A number of roadside traders near All African Churches Conference along Waiyaki Way were evicted by Nairobi City Council. It was ostensibly for the beautiďŹ cation of the city.

Embobut forest, 7 June 2007 8000 squatters in Embobut forest in Marakwet district, Rift Valley Province were ordered to move out. This action was a continuation of previous evictions.

Madaraka/Langata Rd, Nairobi, 13 July 2007 Over 100 traders along Madaraka/Langata road were evicted by the city council.

Karanja road, Kibera, 17 August 2007 Land disputes along Karanja road in Kibera, Nairobi left a number of people homeless as houses were burnt. The dispute pitted a local church against local residents who claimed that the church was grabbing public utility land. The area is part of the Nubian occupied area where the Government has never given titles.

Mukuru Settlement, 27 July 2007 Over 1000 households were evicted following an alleged court order to pave the way for private development. (See picture below.)

It was then discovered that the court order affected fewer than 20 people, which meant the eviction of those who were not party to proceedings was clearly illegal. * Congratulations to Ministry of Lands for stopping eviction in Olkejuado * On 21 August 2007, the Minister of Lands stopped a local authority (Olkejuado County Council) from evicting more than 2,000 people without following due process. Despite this good news, it is disconcerting that other government agencies do not seem to be aware of any clearly laid down procedure for conducting evictions. It would help if the Government, as it awaits the adoption of more comprehensive guidelines, could issue administrative guidelines for its ofďŹ cers to follow when embarking on evictions although we strongly recommend that a moratorium on all mass evictions be put in place until comprehensive guidelines are in place. This should be developed in cooperation with civil society.

Eviction in Mukuru, 27 July 2007

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KENYA HOUSING RIGHTS UPDATE

KIBERA SLUM UPGRADING PROJECT: Any progress?

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he Soweto Slum Upgrading Project has reached a critical stage. It is estimated that the houses on the decanting site will be ready for occupation in October/November 2007.

This has created both excitement and anxiety within the community; excitement because it will potentially make a dramatic change in the lives of those who will be moved to the new site, and anxiety because a number of critical issues remain unresolved.

One issue that has dogged the project since its inception has been the lack of community representation. The community has argued throughout that the Settlement Executive Committee (SEC), which is supposed to represent their interests, is illegitimate. It was never elected by the residents but imposed by the provincial administration. This complaint has never been addressed and is becoming louder by the day.

The Ministry of Housing has formed various committees to try and deal with some of these matters, but until they tackle this issue of legitimacy, the project will continue to have problems. Genuine participation will help the Ministry address issues of relocation and the formation of cooperatives in a manner that is acceptable to the community.

The community is particularly concerned that they were not given any opportunity to meaningfully contribute to the formation of the proposed housing cooperatives. OfďŹ cials from the Ministry of Cooperatives came with already prepared templates and even paid their registration fees! This is completely inconsistent with the voluntary nature that is at the core of the cooperative movement in Kenya. As the ďŹ rst stages of implementation near, the stakes are rising and the need to have proper participation becomes more urgent. This is the only way to avoid resistance to and possible failure of the project.

A bulldozer on an eviction mission in Mukuru on 26 July 2007

KENYA HOUSING RIGHTS UPDATE

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Businesses on the railway line in Kibera provides livelihoods for many in Kibera and a regular transport route for residents

The Railway RELOCATION PLAN

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hose living and working along the Railway Reserve land, Kibera have been under threat of eviction since January 2004. Relocation plans now seem to be moving according to the scheme prepared by the Government, the World Bank, the railway authorities and community groups. The latest development was the advertisement for consultancy services to design markets and other infrastructural facilities. Community representatives were elected to sit on the implementation committee.

On the face of it, things are moving on well. But it is apparent that the current project has only included those to be affected in Nairobi (Kibera and Mukuru

in particular). It is not clear how the plight of the other affected people is going to be handled. There are already complaints from residents in Kibos (the Nubians and the market traders) that the Kenyan railway authorities have forced them to pay monthly rent on a Temporary Occupancy License (TOL) basis. The Nubians are even paying for the Mosque, which seems to be outside the reserve area. The terms of the TOL are not clear.

It is important that the relocation is allinclusive so that everyone staying on the railway reserve land will beneďŹ t. The ongoing negotiations should include all groups along the Railway line, not merely those in Nairobi alone.

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KENYA HOUSING RIGHTS UPDATE

Grassroots participation in land administration and management:

GLTN WORKSHOP

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here are few more contentious and complex problems in the world than those dealing with land and secure tenure. In many countries the rules work against women owning land for reasons ranging from poverty to custom. Few developing countries have more than 30 per cent of their land accounted for by land records.

Land records are also often linked to the middle and commercial classes which can exclude up to 85 per cent of the population in some countries.

Large-scale corruption is equally a problem. In post conflict societies, land is a key issue, as it is often closely associated with the conflict.

Sound land governance approaches based on the principles of equity and human rights are indispensable for building peace.

The involvement of the grassroots is crucial at all stages of land-related processes, as local and affected people often understand the myriad ways in which illegal and unfair land practices take place. They also have experience in designing and participating in existing community level, and sometimes, large-scale land tools. However, many pro-poor land policies have been, and are being, developed and implemented with weak grassroots participation. This has often led to project failure or outcomes that do not assist women or people living in poverty. At the same time, many planners and officials are unsure or uneasy about the inclusion of the grassroots in large-scale projects.

On 14 and 15 March in Nairobi, the Global Land Tool Network (GLTN) held its first workshop on developing a grassroots mechanism tool so that the grassroots can effectively participate in large-scale land processes, as well as scale up their own innovative work. Coordinated

by UN-HABITAT, COHRE, Hakijamii, the Huairou Commission and SDI, the workshop brought together grassroots groups, civil society organisations, UN agencies and academic experts. A number of other Kenyan organisations and movements attended:

• Peoples’ Settlement Network, Nairobi • Small-scale Farmers Association Network • GROOTS Kenya • Mazingira Institute/HIC • Institute of Surveyors Kenya • Pamoja Trust • Ogiek Peoples Development Program • Kenya Land Alliance/ILC • Pastoralist Development Network of Kenya • Muungano Wa Wanavijiji • Soweto Slum Upgrading Forum Case studies on grassroots participation were presented by Hakijamii and COHRE as well as

by GROOTS Kenya and Peoples’ Settlement Network, Nairobi. See a report of the workshop and background paper at www.gltn.net. As part of the follow-up, Hakijamii and SDI will conduct an evaluation of community-driven enumerations in the Kisumu slum upgrading project and assess the various options for moving forward on improving security of tenure.

COHRE is involved with FIAN in helping ensure that attempts made by the UN Food and Agricultural Organisation to develop guidelines on expropriation adequately take into account grassroots and human rights concerns and ensure effective participation in the examination of alternatives to eviction.

COHRE Africa Programme Centre on Housing Rights & Evictions (COHRE) 83 Rue de Montbrillant 1202 Geneva Switzerland Tel: +41 22 734 1028 Fax: +41 22 733 8336 Email: kenya@cohre.org Web: www.cohre.org/kenya

Hakijamii Trust - Economic and Social Rights Centre Commercial Golf House Kenyatta Market, Nairobi P O Box 11356, 00100 Nairobi Tel: +254 (0) 20 2731667 Fax: +254 (0)20 2726023 Email: esrc@hakijamii.com Web: www.hakijamii.org/kenya (from October) ‘Housing Rights for Everyone, Everywhere’

COHRE and Hakijamii would like to acknowledge the support of Cordaid, Misereor and SELAVIP which has assisted in work on the many of the above projects and the preparation of this update.