ICJ terms ongoing demolitions as unlawful

Kelvin Mogeni chair of council ICJ addressing the media on the ongoing demolition of buildings PHOTO COURTESY

Nairobi,KENYA: With the ongoing demolition of structures and buildings built on riparian land in the city of Nairobi and its outskirts, the move has continued to attract mixed reactions from various agencies on whether the action really followed the law stipulated in the constitution or not.

International Commission of Jurist (ICJ) has been the latest to criticize the move citing, the agencies involved in the demolitions which include; Multi-Sectoral Committee on Unsafe Structures located the ministry of transport and infrastructure building inspectorate department, the Nairobi Regeneration team, the Kenya urban roads authority (KURA), the National Environmental Management Agency (NEMA), the county government of Nairobi, the water service regulatory board, Kenya wildlife service (KWS) and the Kenya forest services (KFS) are all involved in the exercise outside a clearly stated constitutional and legal framed work.

Addressing the media on Monday in Nairobi, Chairman of the council (ICJ) Kelvin Mogeni stated that, by agencies disregarding court order to stop some demolitions is counterproductive and undermine the rule of law in the eyes of law-abiding citizens which create a fertile ground for impunity to reign.

“We regret, however, that Kenyans have been subjected to spectacular actions that smirk of knee-jerk reactions, ambush, flagrant disregard of alleged subsisting court orders, stopping the very actions of demolition or repossession,” Said Mogeni.

In view of the foregoing, ICJ Kenya now demands that, Report of Truth Justice and Reconciliation Commission  (TJRC), Report of the commission of inquiry into the illegal irregular allocation of public land (The Ndung’u Report) and the report of the prime minister’s task force on the conservation of the Mau Forest complex, be implemented comprehensively.

They have also urged the National Assembly majority leader to table the TJRC Report for deliberation and adoption by the parliament to pave way for its implementation.

Further Director of public prosecution (DPP) Noordin Haji has also been directed to commence investigations prosecutorial led investigations on all irregular or illegal allocations of public land with a view of prosecuting public officers, surveyors and lawyers involved.

In the past few weeks, the government has been taking its Bulldozers in demolition campaign that has leveled shopping Malls, a petrol station and coffee shop, to the horror of businesspeople who insist that official permits prove their buildings are legal.

For decades, the Nairobi River has been besieged by the construction of building teetering perilously over its banks, bringing pollution, blockages, and floods to the waterway that runs