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Court temporarily halts Makongeni Estate evictions and demolitions
25th November, 2025 12:46 AM
A Nairobi Environment and Land Court has issued conservatory orders suspending the ongoing exercise of demolishing houses at the Makongeni Estate by the government in preparation to build affordable houses.
Five individuals and the Makongeni Residential Association, through a notice of motion, moved to court seeking court orders blocking the ongoing exercise pending the hearing and determination of their petition.
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Justice Charles Mbogo on Monday, November 24, 2025, issued the temporary block of the Kenya Railways Staff Retirement Benefit Scheme, the State Department for Housing and Urban Development and the Affordable Housing Board from demolishing the houses until the petition filed is heard and determined.
“That pending the hearing and determination of the application and petition, this court is hereby pleased to issue a conservatory order stopping the respondents and any person acting on their authority from demolishing and continuing with the demolition of houses in M0akongeni Estate,” Justice Mbogo ordered.
Further, the court has also issued a conservatory order stopping the respondents (Kenya Railways Staff Retirement Benefit Scheme, State Department for Housing and Urban Development and Affordable Housing), or any person acting on their instructions, from continuing with the eviction of residents of Makongeni Estate.
Justice Mbogo has also ordered the three entities to immediately restore electricity and water services to Makongeni Estate.
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According to the application, the petitioners state that they have been subjected to violent eviction since Friday, November 21, 2025, which continued throughout the weekend, including during the night, without any notice whatsoever and days ahead of the earlier communicated date, which was November 27, 2025.
Further, they aver that the respondents’ officers and goons unleashed untold violence upon residents, including sexually assaulting women and girls.
The residents also state that the respondents did not hold sufficient public participation sessions to sensitise the residents about the impending eviction, thus violating the provisions of Article 10(2)(a) of the Constitution, which mandates public participation.
