Hon. Kiraitu Murungi
Minister for Justice and Constitutional Affairs
P.O. Box 56057 Sheria House
Nairobi, Kenya

Your Excellency:

The Coordination Office and Sub-Saharan Africa Regional Office of the
Habitat International Coalition's Housing and Land Rights Network
(HIC-HLRN) and the International Secretariat of the World
Organisation against Torture (OMCT) would like to express their deep
concern about the state of housing rights in Kenya. The Government's
invitation of the UN Special Rapporteur on the Right to Adequate
Housing to conduct a mission on the situation of housing rights in
the country, the support of its different ministries during the
mission, its acceptance of the human-rights approach in its policies,
and its creation of new laws and new bodies to promote and implement
respect of human rights are promising. Yet, we want to ensure that
your Government will take seriously into account all following
issues, all of which the Special Rapporteur has mentioned in his
preliminary observations on 21 February 2004.

HIC-HLRN and OMCT first matter of concern, as well as it has been
that of many other local and international organizations in the past
week, is the threat of eviction, according to the Centre on Housing
Rights and Evictions, over 330,000 people living in Kibera - Sub-
Saharan Africa's largest slum. The plans of destruction now have been
stopped, but the threat still exists and 2,000 people already have
been rendered homeless on 8 February 2004. The Government's plan is
twofold: to clear settlements on land that had been earmarked for
road reserves, in order to construct road bypasses; and to demolish
all structures near the railway line, power-lines and adjacent roads
for safety reasons. If it is implemented as such, the plan will make
150,000 people homeless by the destruction of 17,600 structures on
road reserves; 108,000 people would lose their homes in the
demolition of 20,210 structures nearby the railway line; and another
76,100 by the destruction of 3,255 houses located near power lines.
Many areas would be affected, in Nairobi and in other parts of the
country.

While the causes may appear logistically legitimate, their
implementation definitely will not be if the Government does not
provide for any fair alternative solutions nor compensation schemes,
in compliance with the international treaties to which Kenya is
bound. Moreover, the argument stating that the structures were built
illegally does not take into account that the construction took place
with the consent of the previous government, and because of the lack
of a low-cost housing policy that would allow poor people to afford
decent homes in a safe place. Also, this situation should create an
immediate opportunity for genuine consultation with the slum
dwellers. The consultation should include the people affected
including the women, Government ministries involved, provincial
administration, local authorities, the Kenya Human Rights Network and
concerned civic organizations. The consultation is a critical step in
the procedure toward the Government's compliance with General Comment
No. 7 on Forced Evictions of the UN Committee on Economic, Social and
Cultural Rights (1997), elaborating the requirements under treaty to
avoid such forced evictions.

If these evictions are carried out as such, they will create an
exodus to the slums, further worsening the situation of some of the
168 slum areas Nairobi counts, and in which 55 per cent of the city's
population live, while they occupy only one per cent of the total
land. HIC-HLRN and OMCT are also deeply concerned by this global
situation, and support the Special Rapporteur's urgent call for "a
comprehensive citywide strategy and action plan based on consultation
and participation, to identify geographical housing alternatives,
which will enable those relocated to sustain their livelihoods. "

As a general principle, we urge the Government to review its policies
along the approach of indivisibility of rights when looking at
housing rights, including land, water, access to public services but
also to environmental goods. By practicing evictions as proposed, the
Government would contradict the human rights to livelihood, security,
life, health, education, and of course adequate housing, among
others. The latter includes the right to secure tenure;
affordability; freedom from dispossession, damage and destruction;
information, capacity and capacity-building; participation;
resettlement and compensation. All these entitlements are recognized
in international law and treaties, and as such, the Kenyan Government
would derelict to its obligations under, inter alia, articles 2, 7,
11, 12, 13 and 15 of the International Covenant on Economic, Social
and Cultural Rights, which Kenya accessed to on 3 January 1976. The
Kenyan Government also has committed itself to respect Habitat Agenda
21 and ensure that alternative solutions are provided when evictions
are unavoidable. Finally, it should be reminded that all these
elements, to be considered as respected, should be obtained in an
environment of nondiscrimination, gender equality, rule of law, and
nonregressivity.

We urge your Government to compensate the 2,000 people already
affected, and intervene urgently to find a durable solution for those
threaten, especially since, as the Special Rapporteur pointed out in
his observations, "the current practice has created a great deal of
insecurity amongst poor Kenyans, including internally displaced
people, forest dwellers, including indigenous peoples such as the
Ogiek, and slum dwellers. This is affecting the credibility of the
Government in the eyes of its own people and of the international
community."

We thank you in advance for your careful consideration of this
serious matter. We also look forward to receiving information
regarding the measures taken by your government to address this
situation in accordance with international human rights law.

Yours Sincerely,

Habitat International Coalition, Housing & Land Rights Network (HIC-
HLRN)
World Organisation against Torture (OMCT)

Kenya-Cairo-Geneva, 4 March 2004

To: Hon. Kiraitu Murungi,
Minister for Justice and Constitutional Affairs
P.O. Box 56057 Sheria House
Nairobi, Kenya
Fax: +254 (0)20 316-317

CC:
His Excellency Mwai Kibaki
President of the Republic of Kenya
Office of President, Harambee House
P. O. Box 30510
Nairobi, Kenya
Fax: + 254 (0)20 250-264

Hon. Raila Odinga
Minister of Roads, Public Works and Housing
Ardhi House, 6th Floor
P.O. Box 75323
Nairobi, Kenya
Fax: +254 (0)20 720-044

Hon. Ochilo Mbogo Ayacko
Minister of Energy
Nyayo House
P. O. Box 30582
Nairobi, Kenya
Fax: +254 (0)20 240-910

Hon. John Njoroge Michuki
Minister of Transportation
Nyayo House
P. O. Box 52692
Nairobi, Kenya
Fax: +254 (0)20 273-0330

Hon. Karisa Maitha
Minister of Local Government
P. O. Box 30004
Nairobi, Kenya
Fax: +254 (0)20 240-910

Organisation Mondiale Contre la Torture (OMCT)
World Organisation Against Torture (OMCT)
Organización Mundial Contra la Tortura (OMCT)
8 rue du Vieux-Billard
Case postale 21
CH-1211 Geneve 8
Suisse/Switzerland
Tel. : 0041 22 809 49 39
Fax : 0041 22 809 49 29
E-mail : [email protected]
http://www.omct.org