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His Excellency Uhuru Muigai Kenyatta,

President of the Republic of Kenya,

State House,

Nairobi, Kenya

7 May 2020

Your Excellency,

RE:      Forced evictions and displacement during COVID19

We write with urgency on behalf of the Housing Coalition, an alliance that includes Pamoja Trust, Inuka Kenya, Umande Trust, Just City Coalition, Kenya Social Movement – Net and Amnesty International Kenya among others to call you to act on forced evictions and displacement during COVID19.

As you are aware, at least 5,000 people have been rendered homeless in demolitions that started on 4 May 2020 and have continued to date in Kariobangi North. In the understanding that more than one ministry in your Administration were involved in the planning and execution of this human rights violation and redress may need a combined ministerial response, write to your office to seek justice for the affected.

The forced evictions taking place in the Korogocho Market, Kisumu Ndogo and Nyayo Village within the Sewerage Kariobangi Informal Settlement have eroded the right to housing, health, education livelihoods and safety for several families. Families have been left with no shelter, no access to safe drinking water and sanitation services or emergency provisions.

Many of those displaced by this combined action by state agencies are children and women. Without the communal social support systems that are carefully created by people living in poverty, your State Officers have disrupted home-based education, increased the mental health challenges and the possibility of sex-based violations for thousands.

It is unbelievable that this action should have been taken by your Administration at this time. The nation is being rallied to flatten the Corona curve and is struggling to survive heavy rains. For the last three nights, thousands of displaced people slept out in the open during curfew. The stay at home and cessation of movement guidelines and economic hardships has made it more difficult for them to stay with relatives or leave Nairobi at this time.

While there has been no single action by your Administration to alleviate the suffering and care for the families of Kariobangi North to date, community leaders and human rights defenders were arrested attempting to present a protest letter to the Nairobi Water and Sanitation Company.

Open letter to The President: Forced evictions and displacement during COVID19 

Your Administration has a constitutional obligation under Article 43 of the Constitution to defend socio-economic rights and especially the right to adequate housing and reasonable standards of sanitation. There are national guidelines on forced evictions. They were not followed. Thousands of Kenyans were not accorded sufficient notice to make alternative arrangements. A duly served court order stopping the demolitions until hearing and determination was disregarded.

In the light of these violations and in the wider context of the fight against COVID19, we call on your Office to take leadership and issue an Executive Order;

  1. Desist any further evictions in Kariobangi North, allow the community to return and rebuild their homes until alternative resettlement options are found and the court pronounces itself on the matter
  2. Instructing national agencies to work with the newly established Nairobi Metropolitan Service (NMS) and COVID 19 Fund Authority to offer immediate accommodation and compensation assistance to the 5,000 people affected by the forced evictions, taking special note of the elderly, women, children and vulnerable;
  3. Declaring a moratorium on all evictions for the next 90 days or until the danger we face from the Corona pandemic has passed

The nation has heard and watched the anguish and pain of the people of Kariobangi North now for three days. Would appear that the Nairobi Water and Sanitation Company, Metropolitan Service Board, Ministries of Water, Interior and Housing are unclear what the consequences of forced eviction are and what redress is necessary at this time.

We call on your Office to now act, restore hope for this community and ensure that we have no forced evictions during this period that COVID-19 hunts millions of people.

Yours sincerely

For the Housing Coalition of Kenya

c.c.

Cabinet Secretary, Ministry of Housing

Cabinet Secretary, Ministry of Water

Cabinet Secretary, Ministry of Health

Cabinet Secretary, Ministry of Interior

Director, Nairobi Water and Sanitation Company

Director General, Metropolitan Service Board

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