The International Commission of Jurists Kenyan section has faulted the process of the ongoing demolition of unsafe structures and buildings, and have called for the complete implementation of land commission reports. Addressing the press on Monday, ICJ officials led by the chairman Kelvin Mogeni, said the bodies involved in the demolitions including, NEMA, Nairobi County government and Kenya Urban Roads Authority are involved in the exercise outside a clearly stated constitutional and legal framework.
The chairman said combating corruption and conservation of the environment are public interest drivers, however, some things have been neglected, “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,” he said.
The chairman noted that the government stands to lose most, saying by disregarding court orders, a bad example is being set especially in the area of rights to land where communities historically aggrieved by colonial and post-independence repossession may feel justified to disregard due process and move in to occupy private land on the strength of careless directives from officials, “Is the government ready to bear responsibility for a Zimbabwe-style situation should all those who feel they have legitimate claim to certain lands decide to disregard the law and due process?” he posed.
He said the government through the Ministry of Environment has adopted guerrilla-like tactics in evicting Kenyans from the Mau Forest.
The ICJ has called for the implementation of the Truth, Justice and Reconciliation Commission Report, the Ndung’u Report and the Report of the Prime Miniter’s Task Force on the conservation of the Mau Forests Complex. They’ve also urged the Leader of Majority in parliament to table the TJRC report for deliberation and adoption by parliament to pave way for its implementation.
Furthermore, they’ve urged the DPP to commence prosecutorial led investigations on all irregular and illegal allocations of land with a view of prosecuting public officers, surveyors and lawyers involved.
