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Startseite Urgent Actions 2018 07 Thousands of residents’ risk forced eviction Over two thousand people risk forced eviction
FI 141/18-1
Kenya
Abgeschlossen am 20. März 2019

Over two thousand people risk forced eviction

AI-Index: AFR 32/9795/2019

The Deep Sea Community in Nairobi, Kenya is once again at imminent risk of forced evictions. On 1 February, the Deputy County Commissioner (DCC) of Westlands Subcounty informed residents of the informal settlement that they had four days to vacate their homes to pave way for an EU funded road construction project. Failure to which he threatened that the government would forcibly take over the land.

ADDITIONAL INFORMATION

Deep Sea is an informal settlement in Nairobi with close to 12,000 residents. Since 2009, the Deep Sea community has been under the threat of forced eviction, triggered by the planned construction of the «Missing Link» road by Kenya Urban Roads Authority (KURA) with the funding of the European Union (EU). The road would pass through the trading centre and main road at Deep Sea affecting about 2,000 residents. It will be 1.6 km in length and is being built to connect two major roads, Limuru Road and Thika Road.

The right to adequate housing has been entrenched as a justiciable right in the Constitution of Kenya. Article 43(1)(b), provides that «every person has the right to accessible and adequate housing and to reasonable standards of sanitation». Kenya is obliged under a range of human rights treaties, including the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and the African Charter on Human and Peoples’ Rights, to refrain from and prevent forced evictions. The UN Committee on Economic, Social and Cultural Rights has emphasized that evictions may be carried out only as a last resort once all feasible alternatives have been explored and only after appropriate procedural and legal safeguards are in place. These include genuine consultation with the people affected, adequate and reasonable notice, adequate alternative housing and compensation for all losses, safeguards on how evictions are carried out, and access to legal remedies and procedures, including access to legal aid where necessary. Governments are required to ensure that no one is rendered homeless or vulnerable to other human rights violations because of an eviction. International human rights standards also state that even where evictions are deemed to be justified, states must ensure that they put in place all safeguards and due process requirements.

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