An excavator demolishes a building near Moi Airbase, Eastleigh in Nairobi. High Court judge Justice Mohammed Warsame issued an injunction stopping further demolitions of the houses November 24, 2011. WILLIAM OERI
By PAUL OGEMBA
Posted Thursday, November 24 2011 at 16:42
Posted Thursday, November 24 2011 at 16:42
A judge has criticised the demolition of houses in Eastleigh labelling the government a “monster” that must be stopped before it causes more damage to its citizens.
Justice Mohammed Warsame had no kind words for the Internal Security minister, his Defence counterpart, their Permanent Secretaries, the Kenya Air Force Commander and the Attorney General while issuing an injunction stopping further demolitions of houses near the Moi Airbase Thursday.
“This government monster in the name of security ought to be investigated and tamed, otherwise it might run amok and cause more suffering to citizens of this country,” said Justice Warsame.
Justice Warsame said that the role of the court is to mediate between the State and the citizens since the government has evidently become the major violator of fundamental rights affecting its people.
He made the remarks while issuing orders quashing a decision by the government to demolish buildings within 12 meters from the Moi Airbase and those within 30 meters which have more than two floors.
This followed an application by a mother and his son seeking an injunction to the demolitions claiming that it was illegal and in breach of their constitutional rights to own property.
Esther Njeri Kagio and her son Charles Kinya Kagio submitted that they were never given any notice of the demolitions and that they stand to lose considerable income after the tenants in their premises vacated to avoid their goods being damaged.
Ms Kagio said she owns two developed plots while her son has one developed plot which are 12 meters from the boundary of the Airbase. The properties are four storey buildings with numerous flats and shops which they had rented out.
Inflict pain
They said that they validly acquired the plots in 1992 and were issued with genuine title deeds, and that they constructed the buildings with the full authority of the City Council planning department.
Justice Warsame said the application involved a matter of great public concern since it has become a norm in this country that that state organs have embarked on a major operation to inflict pain on its citizens on the pretext of national security.
“Security is of paramount importance but it cannot be used to conduct unwarranted, unprecedented displacement of a very large group of people without any notice. It is the responsibility of the government to ensure that security operations are carried out in a humane manner,” ruled Warsame.
He said it’s the court’s duty to ensure the government does not use the fear of security to demolish property, and that it was time to intervene to protect the citizens from the government security monster.
He ruled that it should be the government’s responsibility to protect the people, adding that when security is used to demolish houses and displace people then there is a very big problem.
Justice Warsame said the applicants had valid titles after lawfully acquiring the land hence it is irresponsible for the government to destroy their buildings without prior notice.
“It is the priority of every government to protect and preserve the tranquillity and safety of its people hence it cannot be allowed to commit grave injustice to a certain class of its citizens,” said Warsame.
Consequently to prevent further demolitions, Justice Warsame granted the orders to stop the exercise with a stern warning that failure to comply will lead to contempt of court, which has a jail term of six months.
“In order to safeguard the interest of the applicants in the event of disobedience or unlawful disregard of this court order, there will be immediate commencement of contempt proceedings,” ruled Warsame.
He directed that due to the urgency of the matter, the Internal Security minister, the Defence minister, their permanent secretaries and the Air Force Commander be served with the order through print media while the Attorney General to be served in person.
He directed the application to be mentioned on December 8 for further directions.
Posts
No comments:
Post a Comment