Entry Instance

HTTP 200 OK
Allow: GET, PUT, PATCH, DELETE, HEAD, OPTIONS
Content-Type: application/json
Vary: Accept

{
    "id": 1438787,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1438787/?format=api",
    "text_counter": 97,
    "type": "speech",
    "speaker_name": "Ruaraka, ODM",
    "speaker_title": "Hon. TJ Kajwang’",
    "speaker": null,
    "content": " Hon. Speaker, pursuant to the provisions of Standing Order 44(2)(c), I wish to request for a Statement from the Chairperson of the Departmental Committee on Environment, Forestry and Mining regarding the ongoing demolition of buildings constructed on riparian land along the Nairobi River basin in Nairobi City County. In May 2024, the Government directed that all structures built on riparian land be demolished following the heavy rainfall that adversely affected most parts of the country. This is one of the functions of the established Nairobi Rivers Commission vide Gazette Notice No.14891 on 2nd December 2022. The President of Kenya signed it despite the Cabinet Secretary for the Ministry of Environment, Climate Change and Forestry having the power to make regulations for matters permitted by law. Moreover, by operation of Article 95 of the Constitution, the gazette notice is void for not having been laid before Parliament in accordance with Section 11 of the Statutory Instruments Act (CAP 2A). Regrettably, the demolitions reveal a distressing picture of inhumane treatment. Houses are being demolished without regard for the well-being of residents, some of whom have lived on the said land for over 50 years and possess legitimate title deeds issued by the Government. Article 27 of the Constitution provides for equality and freedom from discrimination. Whilst the demolitions took place in Eastlands, the same seem not to have taken place in Milimani, Kileleshwa and Runda – where there are similar buildings erected on riparian land. The demolitions are in contravention of Articles 10 and 43(1)(b) of the Constitution. Additionally, mothers and their children are being left to sleep in the cold without any alternative accommodation or support from the Government. This is in contravention of Article 28 of the Constitution, which provides that every person has inherent dignity and the right to have that dignity respected and protected. The Ministry of Lands, Housing and Urban Development established the National Slum Upgrading Project, a prevention policy paper vide Sessional Paper No.2 of 2016. The policy, in operation, is aimed at integrating existing slums into a formal system through provision of infrastructure and low-cost housing. Therefore, the Government’s directive on the demolition of informal structures is in contravention of the existing policy. The demolitions have been marred by use of excessive force and are being conducted by the Kenya Defence Forces (KDF). The Government’s purported compensation plan appears to be limited to a few individuals, leaving many rightful landowners in a state of uncertainty and despair. The electronic version of the Official Hansard Report is for information purposesonly. A certified version of this Report can be obtained from the Hansard Editor."
}