Kenya Railways Corporation’s Managing Director, Philip Mainga, faces possibility of being imprisoned for his refusal to compensate residents of Kisumu village whose homes were demolished by the corporation three years ago.
Environment and Land Court Judge Samson Okong’o ordered Mr. Mainga to appear in court on July 25, 2024 and explain why he should not face imprisonment for his failure to compensate the residents of Shauri Moyo and Swahili villages in Muhoroni, Kisumu.
On March 14, 2024, the court ordered Kenya Railways Corporation to compensate 206 residents with KSh20.6 million for demolishing their houses in February 2021.
“That the managing director of the Kenya Railways Corporation, Philip J. Mainga, shall appear in court on July 25, 2024 to show cause why he should not be committed to civil jail for disobedience of the order made by this court on March 14, 2024,” said Justice Okong’o.
Solomon Musa and other residents sued KRC for demolishing their homes on February 6, 2021, with Justice Anthony Ombwayo determining that their housing rights were infringed upon, noting that the demolitions occurred without regard for their well-being.
The judge remarked that through the destruction of their homes, churches, and schools, the corporation violated the residents’ constitutional rights to socio-economic and cultural protections.
Represented by lawyer Kenneth Amondi, the residents alleged that the corporation failed to consult with them or provide advance notice before demolishing their homes.
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Kenya Railways justified the demolitions by stating that they were carried out in accordance with the law and after residents had been duly notified. It was argued in court that Kenya Railways aimed to reclaim railway operational spaces that had been encroached upon.
Despite the corporation issuing a notice to the affected residents requiring them to vacate the land, Justice Ombwayo ruled that evictions should not result in individuals being rendered homeless or vulnerable to the violation of other human rights.
“Where those affected were unable to provide for themselves, the State party had to take all appropriate measures, to the maximum of its available resources, to ensure that adequate alternative housing, resettlement or access to productive land, as the case could be, was available,” the judge said.
The judge held that no consultations were done as the evictions were unlawful and no Relocation Action Plan was made to ensure that the residents of Shauri Moyo, Bondeni, and Swahili villages were resettled or compensated before the evictions were done. The court ordered that each resident be paid Ksh100, 000 as compensation.
By Frank Mugwe
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