Judgment-High Court Petition No 164 of 2011 - Hakijamii

access to productive land, as the case may be is available.”(Emphasis added)• The High Court in Kenya had occasion to consider the issue of evictions andthe lack of appropriate legal mechanisms to govern evictions in the case ofSatrose Ayuma & 11 Others -vs- Registered Trustees of the KenyaRailways Staff Retirement Benefit Scheme & 2 Others Petition No. 65 of2010. In granting an injunction restraining the eviction of the petitioners inthat matter, the court noted with concern the lack of legal guidelinesgoverning evictions in Kenya, whether such intended evictions are fromformal or informal settlements. Justice Musinga stated as follows in hisjudgment:‘At some particular point in time the tenants will have to moveout of the estate but when that time comes, that ought to be donein a humane manner. The challenge of providing accessible andadequate housing as required under Article 43(b) of theConstitution is all evident. The problem of informal settlements inurban areas cannot be wished away, it is here with us. There istherefore need to address the issue of forced evictions anddevelop clear policy and legal guidelines relating thereto.’(Emphasis added)• In the case of Susan Waithera Kariuki & 4 Others –vs- Town Clerk NairobiCity Council & 2 Others Petition No. 66 of 2011, Justice Musinga was againconfronted with the issue of eviction of residents of an informal settlementin Nairobi. While holding that the eviction of the residents from theirhomes in the settlement would be in violation of the petitioners' right tohousing, he observed as follows:'While I agree that the 1 st respondent has a duty to controldevelopments in the city of Nairobi as required under theLocal Government Act as well as the Physical Planning Act,