Nairobi County has been a hotbed of midnight demolitions and evictions which in many occasions has left many families stranded.
But this could be the end of those rogue and inhumane type of demolitions. Demolition of unauthorised structures in Nairobi will be carried within regular work hours between Monday and Friday if a bill by Nairobi County Assembly becomes law.
The Nairobi City County Evictions, Resettlement and Demolitions Control Bill 2020 further proposes that such demolitions be carried out during good weather with no heavy equipment used except for permanent structures.
City Hall would also be required to provide proper identification of all persons undertaking the demolitions.
The Bill by Parklands MCA Jayendra Malde comes at a time when Nairobi County has been hit by a spate of demolitions and evictions, which have resulted in deaths, injuries and loss of properties with affected persons left to spend out in the cold.
The Bill, which has undergone First Reading, also requires the court to issue a demolition order after the concerned person has been served with at least seven-day notice to show cause why such order should not be made.
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“The authorised officer cause a demolition notice to be affixed in a conspicuous part of the public premises or land,” reads in part the Bill.
The Bill also wants the county to resettle persons evicted from public land or displaced due to internal strife or acts of war. This is by having the county executive committee member responsible prepare a resettlement plan for the resettlement of those affected. It calls for adequate consultation on the matter with the representatives of the families to be resettled and the affected communities where they are to be relocated.
“Where the return of the displaced persons is possible, the CEC shall establish conditions and provide means, including financial measures for voluntary return in safety, security and dignity to homes or place of habitual residence while ensuring the resettlement occurs in a just and equitable manner and in accordance with the resettlement plan,” reads the bill.
Regarding evictions from private land, the property owner will not be allowed to evict any unauthorised occupant without a court order.
