Laini Saba Residents: Kenya Railways Resettlement Senate Appeal Over Stalled Housing

• Residents and traders from Laini Saba, Kibra Constituency, appealed to the Senate over stalled Kenya Railways resettlement programs.
• Hundreds of displaced families and businesses have not received promised housing or trading facilities under the Resettlement Action Plan.
• Existing housing units provided to some beneficiaries reportedly lack basic amenities like water and sewerage, with some even incomplete.
• Senators pressed petitioners for accurate figures and documentation regarding land occupation, while expressing concern for residents' safety.
• The appeal highlights significant challenges in the implementation of the Kenya Railways resettlement project, including stalled construction due to funding issues.

Hundreds of affected families and traders have yet to receive the houses and business premises promised under the Resettlement Action Plan, while those who did receive units often face deplorable living conditions.

Residents and traders from Laini Saba in Kibra Constituency have formally appealed to the Senate, seeking intervention regarding stalled resettlement programs initiated by Kenya Railways. Appearing before the Senate Standing Committee on Roads, Transportation and Housing on September 11, the petitioners highlighted significant challenges, including incomplete housing units and inadequate trading facilities promised as part of the Resettlement Action Plan (RAP).

The appeal, led by Victor Wamae and Woodley/Kenyatta Golf Course MCA Davidson DNG Ngibuini, underscored that hundreds of families and businesses remain without the promised housing and commercial premises. Data presented to the committee revealed that out of 1,432 residential occupants enumerated in the Laini Saba zone, only 256 had received houses. Similarly, among 833 enumerated business occupants, 583 had been allocated stalls, leaving a substantial number of beneficiaries in continued uncertainty. Many are reportedly living in temporary or decanting sites, while others operate businesses in unsafe and unsuitable locations.

Even for those beneficiaries who have received housing units, the living conditions are often described as deplorable due to a severe lack of basic amenities. Petitioners detailed issues such as the absence of water connections, sewerage systems, lighting, fencing, and functional sanitation facilities. MCA Ngibuini provided a stark example, noting that without sewer connections and water, some individuals have resorted to using toilets as living spaces, highlighting the extreme conditions faced.

Furthermore, Victor Wamae pointed out that many of the houses handed over by Kenya Railways remain incomplete, specifically lacking essential water connections. The petitioners also raised concerns about the stalled Phase Two construction at Jamhuri, located behind the Nairobi City County Inspectorate Trading Centre. This project, reportedly halted due to a lack of funding, has left traders who won ballots for houses without their allocated units, forcing some to remain in a decanting site in Magade. This ongoing Laini Saba displacement compensation dispute underscores the broader Kenya Railways Resettlement Action Plan challenges.

During the session, Senators on the Roads, Transportation and Housing Committee pressed the petitioners for detailed information and clarification. Marsabit Senator Mohamed Chute, a member of the committee, emphasized the necessity of accurate figures to properly assess the extent of the problem and determine appropriate interventions, cautioning against contradictory data. Nominated Senator Peris Tobiko expressed significant concern for the safety of affected families, particularly in light of heavy rainfall forecasts, and inquired whether beneficiaries were expected to pay for the housing units or if they were provided free under the resettlement program.

Crucially, Nominated Senator Hamida Kibwana sought clarification on the legal basis of occupation for the residents and traders on railway land. She stressed the importance of distinguishing between the legal and humanitarian aspects of the Kibra Constituency housing dispute, stating that Kenya Railways' primary objective was to reclaim its land. Senator Kibwana requested petitioners to provide documentation, including allotment letters, titles, and evidence of rent payments, along with a list of ballot holders, to help the committee understand the land acquisition legal issues Kenya faces in such projects and establish who had been allocated houses.

Lawyers advising clients involved in large infrastructure projects or land acquisition in Kenya should note the Senate's scrutiny of stalled resettlement programs and inadequate compensation, particularly concerning the legal basis of occupation and compliance with Resettlement Action Plans. This highlights potential litigation risks and the need for robust legal due diligence and social impact management strategies to avoid similar disputes and parliamentary intervention.

Source: Original reporting via Capital News