Nairobi demolitions: Gov’t given 7-day notice to reveal all marked buildings

The Law Society of Kenya (LSK) has given the government 7 days to make public a list of all buildings targeted in the ongoing Nairobi demolitions, failure to which they will pursue legal action.

In a letter dated August 16, 2018, the lawyers body further demanded that the government issues 90-day notice to tenants in targeted buildings to avoid inconvenience.

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“The State must ensure that due process is followed … Article 47 of the Constitution enjoins the State to ensure that the citizens are accorded fair administrative action when their property rights are affected,” the letter reads in part.

LSK have expressed concern that the rules of natural justice may have been breached in the ongoing Nairobi demolitions.

“We are concerned that the rights of innocent tenants and other third parties have been affected by the short notices
that have been given prior to the demolition of the properties. The law demands that adequate notice be given,” LSK said.

This comes just a day after Taj Mall (Airgate Centre) owner Rameshchandra Gorasi lamented after his building was earmarked for demolition and a two-week notice issued for tenants to vacate.

Gorasi insisted that he was given all the necessary approvals from the government dating back to July 2015.

“The State should impugn irregular and unlawful developments without compromising those that were built in accordance with the law and procedure,” noted LSK.

“Where it is established that the owner of the targeted development holds a valid title and it is also established that the development predates the change in law and was duly approved in accordance with the then existing law, a different and constitutional approach should be adopted,” says LSK.

“In such a case, the state should, whilst upholding the public interest, initiate the process of compulsory acquisition of the target property and thus pay full and prompt compensation to the innocent party in accordance with the law,” advised the legal team.

The government has intensified the crackdown on illegal buildings that encroached on public land.

The LSK further demanded that the government clarify whether the current Nairobi demolitions will affect only those on riparian land or even those that may have been illegally constructed.

The legal body has also called for the prosecution of government officials found to have been complicit in the irregular issuing of approvals saying they should be dealt with in accordance with the law.

So far; Ukay Centre, Shell Petrol Station, Java Restaurant, South End Mall and a section of the Oshwal Centre have been demolished.