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{
    "id": 1482592,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/1482592/?format=api",
    "text_counter": 434,
    "type": "speech",
    "speaker_name": "Hon. Rigathi Gachagua",
    "speaker_title": "His Excellency the Deputy President",
    "speaker": {
        "id": 13428,
        "legal_name": "Rigathi Gachagua",
        "slug": "rigathi-gachagua"
    },
    "content": "Notwithstanding any provisions to the contrary in this Act or in any other written law, all evictions shall be carried out in strict accordance with the following procedures— (a) be preceded by the proper identification of those taking part in the eviction or demolitions; (b) be preceded by the presentation of the formal authorizations for the action; (c) where groups of people are involved, Government officials or their representatives to be present during an eviction; (d) be carried out in a manner that respects the dignity, right to life and security of those affected; (e) include special measures to ensure effective protection to groups and people who are vulnerable such as women, children, the elderly and persons with disabilities; (f) include special measures to ensure that there is no arbitrary deprivation of property or possessions as a result of the eviction; (g) include mechanisms to protect property and possessions that are left behind involuntarily from destruction; (h) respect the principles of necessity and proportionality during the use of force; and, (i) give the affected persons the first priority to demolish and salvage their property. Critically, our Constitution provides at 147(2) that first- The Deputy President shall perform the functions conferred by this Constitution, and any other functions of the President as the President may assign. Pursuant to Article 3 of the Constitution, I, as well as every citizen of Kenya and State or public officers, have an obligation to respect, uphold and defend this Constitution in performing any of the functions. The national values and principles of governance contained in Article 10 of the Constitution bind all State organs, public officers and all persons, including myself as the Deputy President, whenever we make or implement public policy decisions. In relation to this matter, these national values and principles include: The rule of law, democracy and participation of the people; human dignity, equity, social justice, inclusiveness, equality, human rights, non-discrimination and protection of the marginalised. Adherence to these principles become extremely important when we, as State officers, are contemplating legal evacuation of citizens with a duty to avoid inhumane forced evictions that would be contrary to our Constitution and international law. While campaigning with the President and subsequently when I was sworn in as the Deputy President, as a key pillar of the Kenya Kwanza Government, we promised that there would be no forced and unlawful evictions and that all evictions would be humane and entail legal compensation. The Office of the Deputy President (ODP) has undertaken extensive engagement with all parties in regard to the Cabinet decision on eviction which I fully support, including the Nairobi River, which is an entity under the ODP and the County Government of Nairobi. Adherence to these principles become extremely important when we, as State officers, are contemplating legal evacuation of citizens with a duty to avoid inhumane forced evictions that would be contrary to our Constitution and international law. Guideline No. 6. of the United Nations General Assembly Guidelines for the Implementation of the Right to Adequate Housing prohibits forced evictions and that the State should ensure that any evictions under domestic law are fully compliant with international law. The Guidelines further require meaningful engagement with communities to ensure that the 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."
}