Judgment-High Court Petition No 164 of 2011 - Hakijamii

discrimination.• The petitioners have annexed to the affidavit in support of their petition areport by a non-governmental organisation known as Pamoja Trust. Thereport, which is dated May 2011 and titled ‘Mitumba Enumeration Report’,states that Mitumba Village, which is situated near Wilson Airport in SouthC, Nairobi, is surrounded by developed residential apartments which thereport names as including Midland Apartments, Parkview Apartments, andSoledo Apartments. The report describes the petitioners’ houses astemporary ‘shacks made of mud and rusty iron sheets’.• Which begs the question: if the demolition of Mitumba village was forsecurity reasons, either because it posed a risk due to its proximity toWilson Airport’s flight path, or because of the security threat that resultedfrom the war in Somalia, can the 2 nd respondent convincingly argue thatsuch a threat was posed only by the indigent, marginalised, denizens ofMitumba village? Did not the apartments which surrounded the villagepose as much of a risk because of being on the flight path? Is it assumedthat terror only resides in the downtrodden informal settlements of ourcities?• What the demolition of this village for allegedly being on the airport’s flightpath or posing a security threat, while leaving multi storied buildings whichsurrounded it intact demonstrates, in my view, in the absence of any otherexplanation, is that it was occupied by citizens whom the state and itsagents did not deem deserving of consideration, who could be uprootedwithout explanation or consultation. Rather than meeting its constitutionalobligation to protect the marginalised and ensure equity, social justice andnon-discrimination, it acted in a manner that displayed callous disregard forthe very marginalised people it is bound by the Constitution to protect.There is evident therefore, in the selective demolition of Mitumba village,