Hardly seven months since the coming into force of Kenya's new constitution, the High Court has, in two land mark rulings, declared the practice of forced evictions as unconstitutional as being a violation of the right to accessible and adequate housing and the right to dignity. The rulings fully adopted the rulings by the South African Constitutional Court as well the United Nations standards. The Court further called on the government to adopt appropriate eviction and displacement guidelines based on international standards. Hakijamii, has for thelast six years lobbying for such guidelines and the Draft of the same is in the final stages and it is hoped that these rulings will expedite the process. It is yet another example of how a multi pronged approach can work in the progressive realization of economic, social and cultural rights.
In yet another example that courts in Kenya are likely to pay a very key role in the implementation of economic and social rights , the High Court sitting in Embu recently issued a raft of orders that have introduced a completely new dimension to economic and social rights in the country. In case brought by about 1000 residents of Garissa (a town in the marginalized region of Kenya) with the support of hakijamii, the court ordered the government to provide the petitioners, who had been evicted by government officials , with emergency housing and shelter, water and sanitation services, food, sanitary facilities and health care services; to furnish the petitioners with all relevant information relating to the status of adjudication, demarcation, registration and ownership of the land in question, written information exhibiting the decisions and reasons for demolition of their homes and structures , the eviction notices, court orders and /or any any other written authority authorizing the demolition of the homes of the petitioners and written information exhibiting any efforts/ steps by the Government in providing alternative housing and/or shelter for the residents. Although the Government has yet to comply with the orders, the ruling marks a milestone in the enforcement of economic and social rules. The International sectretariat has in the meantime mobilized a large number of organizations who have generously agreed to be enjoined in teh case as amici curiae. We are very gratefull for this support and shall keep all of you posted on the developments. You can also get more information on this case at our website: www.hakijamii.com
