, NAIROBI, Kenya, Nov 8 – The government is now free to construct over 7,000 housing units in Shauri Moyo, Starehe constituency following refusal by the High Court to have the plan suspended pending an appeal.
Judge Wilfrida Okwany ruled that the relationship between the 300 civil servants – who have filed case – and the government is that of a landlord a tenant and the latter cannot stop a landlord from taking over his building and carrying out construction work as long as the tenant is given adequate notice to vacate the premises.
The court noted that the civil servants did not demonstrate that they are not able to secure alternative accommodation for themselves and it was not enough for them to merely state that they have school going children and disabled ones in the premises.
The public servants wanted the government to provide them with alternative accommodation before demolishing the houses.
During the hearing of the application for stay, the government argued that it had since 2014 planned to extend affordable housing to its citizens with full involvement of the applicants in line with the constitution.