A Nairobi court has ruled that the eviction of residents of Deep Sea Settlement on 1 October 2021 violated the law and ordered compensation for those affected.
The Environment and Land Court found that the eviction, carried out during construction of the Ring Road Parklands M15A project, did not meet legal standards of notice, consultation, planning, or resettlement as required under Kenyan law and international guidelines. The court held that the Kenya Urban Roads Authority (KURA) bore primary responsibility for the eviction, with the Attorney General held liable as the legal representative of the national government.
The petitioners, acting on behalf of 647 residents, told the court that they were removed without written notice, without information on the process, and without alternative accommodation. They said police officers demolished structures after giving residents 30 minutes’ notice to leave, despite heavy rain. The court noted that the verbal notice issued by state officers did not satisfy the required standards, which include written communication, clear reasons, and steps for resettlement
Evidence filed in court showed that both state agencies and residents had been involved in long discussions on a resettlement plan. The court found that these discussions were not completed and that the eviction went ahead before the plan could be implemented. The court held that the state had failed in its duty to protect the rights of the residents, including the right to housing, property, and due process
The court directed KURA to compensate the residents for the destruction of structures and loss of property. It also directed state agencies to take responsibility for the costs of the case. The judgment underlined that evictions must follow lawful procedures, including notice, consultation, public participation, and a relocation plan.
The ruling concludes a petition first filed in 2018 and later amended to include the events of 1 October 2021. The residents had earlier faced two other eviction attempts, including one in 2016, during the same road expansion project
