The Environment and Land Court has issued urgent conservatory orders blocking the planned eviction of hundreds of residents from Makongeni Estate in Nairobi and halting any demolition of homes in the area.
High Court Judge Charles Mdogo granted the orders after lawyers representing the Makongeni community filed an urgent application, accusing the respondents of violating residents’ constitutional rights through intimidation and unlawful disconnections of basic services.
“Pending the hearing, the judge granted prayers 2, 3, and 4 of the petitioners’ application, effectively restoring water and electricity to the estate and suspending any further evictions or demolitions,” the court documents state.
The residents said in their petition that the respondents had illegally cut off water and electricity and deployed officers, who allegedly terrorized families in a bid to forcibly evict them from their homes.
They said they were subjected to these actions without notice, lawful justification, or due process and that such treatment infringed their rights to dignity, housing, security, and fair administrative action. The petitioners, Samuel Ngugi, Collins Otieno, Karen Onyango, Seraphine Muraguri, Wycliffe Omiti, and the Makongeni Residents’ Association, had made the court application under a certificate of urgency, citing what they described as violent and unconstitutional eviction attempts.
The residents accuse the Kenya Railways Staff Retirement Benefits Scheme, the State Department for Housing and Urban Development, and the Affordable Housing Board of sending officers and hired personnel into Makongeni Estate shortly after the court declined to issue conservatory orders on November 20.
According to the petitioners, these groups disconnected water and electricity before carrying out forceful evictions “in the most inhumane, inconsiderate, and degrading manner.”
The petitioners thus prayed for various conservatory orders: the immediate restoration of water and electricity; an end to further evictions, and suspension of demolitions of homes, pending final determination of both the application and main petition. They also asked the court to issue any other orders it deems necessary to protect residents.
In his directives, Justice Charles Mdogo instructed the petitioners to serve their application on all respondents immediately, with service to be completed by the close of business on November 25. The respondents will then have five days from the date of service to file their responses and any replying affidavits.
The judge noted that the petition raised serious constitutional issues, warranting the court’s intervention to safeguard the rights of Makongeni residents in the meantime. He also scheduled the inter partes hearing for December 4, 2025, giving both sides an opportunity to present their arguments before the court makes a final determination.
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