Thursday, 31 October 2019

An Open Letter to President Uhuru Kenyatta:A Call to Evictions and Resettlement Law.


Ref: Agenda 4 on Housing, Evictions and Resettlement guidelines.

Greetings Sir. 

As you enjoy your 58th birthday wishes, it's painful to note.

As our children sit for this year National Examination, hundreds of parents are sleeping in the rainy cold weather after they were evicted on Friday 25th, and Kenya Railway Police stationed within those households to-date 30th October 2019 to make sure they don't return to their houses located at Kenya Railways Cooperation - Landi Mawe estate(368 Acres next to Muthurwa 72 Acre estate ) the grouping which is undertaking this eviction are getting directives from KRSRBS-Kenya Railway Staff Retirement Benefit Scheme an outfit disbanded recently for pillage and profiteering scam on railway assets and land. 

The areas being within Starehe Constituency the Member of Parliament Hon. Charles Jagua Kanyi on Sunday secured the release of about 15 people who were evicted and opposed to evictions/ demolitions, among those arrested were women with children and  Kenya Polytechnic students, some tenants and were held at Railways Police Station ,its on this background that we call for government to halt this scam, which jeopardizes the ongoing feasibility studies of Railway City Project which is funded by JICA and European Union, these exercises also violate citizens right to city.

This ongoing evictions which entail Railway Police and hired goons go against the spirit of constitution, under economic and social rights Article 43 (b)which states, that every person has the right to accessible and adequate housing, and to reasonable standards of sanitation. Emphasis on national values and principles of governance and fulfillment of Kenya international obligations, these ongoing evictions go against "The prevention, protection, and assistance to the Internally Displaced persons and affected communities Act 2012".

 It is on this background we also DEMAND the government to urgently intervene as several Primary and Secondary schools students are affected due to this eviction thus contravening the 17 Sustained Development Goals: 

Goal one government to end poverty in all its forms everywhere, Goal four ensure inclusive and equitable quality education and promote life long learning opportunity for all.

The government under goal ten to reduce inequality within and among communities and countries, goal eleven the government make cities and human settlement inclusive, safe, resilient and sustainable, lastly goal sixteen, state to promote peaceful and inclusive societies for sustained development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels.

We, therefore, call on HE. President Uhuru Kenyatta and his government to immediately intervene and halt this inhuman degrading eviction, we DEMAND he also acknowledged and append a signature to the bill on Evictions and Resettlement guidelines 2012.

We petition the Kenya Parliament through its legislative authority under article 94(1),95 (2)and 96(2) to review and amend the HOUSING ACT chapter 117 which commenced on 9th June 1953.

Thank Yours Faithfully.

Githinji Kamotho.

Chairman: Muthurwa Residents Welfare Association.

Cc. Baraza La Taifa.
      East Africa Climate Change Network

Dated this date 31st October,2019.

Tuesday, 8 October 2019

OBJECT: Ksh 6 BILLION: MUTHURWA VIADUCT ROAD, NOTICE TO WITHHOLD SURVEY ENGAGEMENTS.


Dear GIBBS International and Kenya Urban Roads Authority.



Dear Sir/Madam

Environmental policy statement of your organization claims that:-
The principal concern of GIBB is to follow the best environmental practice both in engineering services for clients and in the management of all activities. It further states your corporate aim is to recognize the importance of environmental issues in the work you undertake. It emphasis that GIBB International will comply with all environmental legislation and regulations applicable to stated projects.

1.    We understand that GIBB International tendered to undertake consultancy services for preparation of feasibility studies, detailed designs, tender documents and supervision of selected roads and a green mall street Bus Station in the Nairobi Railway Station and its surroundings. A NaMSIP Project under Credit No.51020-KE funded by World Bank. 
GIBB Africa Ltd is registered  with NEMA as a firm of experts that conduct Environmental and Social Impact Assessment (ESIA) and Audits, Section 17-1 of The ESIA Audit Regulations,2003 states that the EIA should ”Seek the views of any persons whom may be affected by the Project”
It’s important to inform you that we are in support of Big Four Agenda by President Uhuru Kenyatta on initiative that plans to build 200,000 social housing and 800,000 affordable housing units, under the stewardship of Principal Secretary Ministry of Lands, Housing & Urban Development-Directorate of Nairobi Metropolitan Development (DoNMED).
DISPOSITION: MUTHURWA LAND.
Muthurwa estate is located in Land Ref.209/6502 a 72 Acre parcel of Land on a 1969 deed lease owned by cooperate entity known as East Africa Railways & Harbors. The Kenya Railways Cooperation established in 1977 with a work force of about 22,000 workers, KRC collapsed due to late 90s state sponsored thuggery, mismanagement, corruption and outright impunity, political mandarins by December 2005  Muthurwa  estate among several others  was  controversially allocated to Kenya Railways Staff Retirement Benefits Scheme(KRSRBS) to cater  for Pensioners needs, by March 2006 the KRSRBS had hived off 15 Acres and an extra 4 Acres of the said land which paved way for construction of Muthurwa Market, and an extra 2 Acres sold to Kenya Power & Lightning Company (KPLC) the above sale were contested in court due to illegality and at sold at throw away prize. About 25 Blocks of 24 houses each were demolished on a three days’ notice. The community petitioned then President Mwai Kibaki on sparing “Muthurwa Dallas Social Hall” located within the Muthurwa Market. To date the community which owned the facility has been denied access and use freely. The multimillion four storey market that was to be constructed therein ended up being a scam, change of design and inflated costs arose, a facility that could have accommodated and created direct job opportunities to 8,000 small scale traders ended up accommodating a partly less than 2,000 hawkers. For reference into illegal sale of Kenya Railway Cooperation (KRC) land-Sunday Standard Aug 17,2014 (Page 5).Public Notice in Sunday Nation 20th  April 2008 (Page 7)   
In line with Justice Musinga Ruling on Muthurwa matter and the verdict of Hon.Justice Isaac Leonora in petition No.65 of 2010 especially orders granted in page 72,73 and 74.
Community Of Interest-Article 63(1)
Muthurwa residents have two outstanding registered entities that is Muthurwa Residents Welfare Association registered under Society Rules of 1968 on 6th June, 2012 Registration No. 37532. Muthurwa Housing Cooperative Society (MUHOCOSO) registered under the Cooperative Society Act, registration No CS/21284.Currently with a membership of 2882.The grouping being members of Habitat International Coalition.
Granted above matter on behalf of Muthurwa residents, we hereby state that we are withholding all further engagements with GIBB International /GIBB Africa Ltd, KURA due to certain key aspects that have not been satisfactory addressed, beginning with a Public Participation an event which ended prematurely on 12th April,2018 event held at Muthurwa Clinic Grounds, the ongoing proposed surveys, an event which the GIBB International team plans to hold for house hold surveys, Our concern and fear is that in all the community engagement we have held, we have consistently informed the proponent (GIBB,JICA &KURA ) to engage our Legal counsel (Katiba Institute) to  guide the process, which they seem not to consider, engaging the counsel in our presence in turn could greatly contribute and set  preamble terms and conditions for our acknowledging the purported Preparatory survey on Nairobi Viaduct &Road Construction Project(Environmental & Impact Assessment –ESIA-resettlement)Action Plan (PAPs) Studies.
It is important to inform you that if you commence with your activities within Muthurwa area, the Public tend to loss about Ksh. 107,000,000 (US $ 1,038,835.23) for a 1.1Km exit road recently constructed by RESJOS ltd, through stewardship of KURA , which we notice the  two viaduct roads connecting to enterprise road passes parallel to the stated road. Granted that the enterprise road viaduct roads are EU and World Bank funded road, it will be interesting to get to the bottom of this scandal. Its important to bring to your attention the ongoing court case on the above road. Petition No.228 of 2016, coming up mid July, this year.    
That stated said action is being taken by us due to the fact that you have continuously used divide and rule tactics to cause disharmony and mistrust within the Muthurwa community the good will and gentleman agreement which could have been harnessed seemed to have precipitate.
This is to also notify you that if you are willing to provide adequate assurance of due diligence and having a meaningful engagement in the future with us, we shall embrace the said mutual engagements and progress will be resumed in accordance with our inputs and demands.
We therefore take this opportunity to state we will base our negotiations and engage through:-
-The Directive from Attorney General Republic of Kenya to Residents. Correspondence letter dated August 31,2009 Ref : AG/CONF/15/2
-The Correspondence letter from office of the Attorney General Republic Of Kenya copied to resident’s welfare and Nairobi City County Government letter dated 11th July 2017 addressed to Managing Director Kenya Railways Cooperation.
-Questionable Total Acreage 5.4. It’s important to point out that your maps and detailed designs of the intended affected area on relocation of Wakulima Market to targeted area is far more acreage than 5.4 affecting 13 Blocks of 24 Households, your survey indicated 13 blocks of 20 Households, it therefore prudent to indicate in your preparatory survey omitted a bigger percentage of residents households, we request the established structures which offer livelihoods to residents be incorporated in the final survey, whom have been In this household for more than 15-25 years.
Least but not last, it’s a concern that why KRC,KRSRBS and Nairobi City County Government officials are not presence in this process.
-Mitigation Measures. We notice that in as much we might consent to resettlement or compensation plan, there exists several households that have been affected by being exposed to Kenya Power and Lightning Company 16.11 Kv Power Sub-Station constructed in 2012 within the estate, kindly since we understand after demolitions of the houses in the intended 5.4 Acre for the establishment of Wakulima Market what measure will be placed to mitigate both leaving and incoming market. If compensation is granted will the proponent consider those affected by the radiation effects exposing residents? A Complaint was submitted to KPLC before construction dated 18th October 2018.
We are of the view that in as much the proponent could offer financial settlement we demand that out of 312 houses,150 senior community members to be affected to qualify in getting  Agenda Four on Social Housing.

-Local Conflict of Interests on household ownership. Since we have noticed the conflict the survey is causing on household and the gender violence related issues, with our established residents’ organizations. The use of local area Assistant Chief whom has established his offices within the Muthurwa Market is paramount to trouble due to a cartel of extortionists operating at his offices residing outside Muthurwa estate .
The recently issued posters inviting residents PAPs to collaborate and attend has conflicting directives when it comes to conflict, it states that those with any conflicting issues in survey to take place tomorrow 24th May,2018 to visit Muthurwa Chief, Its confusing to note that the Muthurwa happens to be within Central Business District, therefore the Area Chief is Located in Ghara Ward some 4Km away.      
It’s of outmost importance to notice that in Muthurwa for almost 5 years there has never been a meeting between the residents and Area Chief or Asst.Chief nor have we ever had a Nyumba Kumi process, which they seem to have invoked to benefit from community misfortune if at all it’s what is being cooked.
We wish to discuss in details KURA & GIBB Africa Ltd Survey report dated 20th/09/2016 - 14/09/2016 respectively, compiled by Eng.D.G.Muchiri for KURA and Aggrey Ochieng  Kwadha-Operations Manager Environmental Department on behalf of GIBB Africa Ltd.
Conflict of Interests on Housing Vis a Vis Market establishment.
Its sad that in this day and age, poor planning, corruption, ineptitude, cartels and land grabbers are thriving due to a few selfish individuals mandated to hold Public Office.The group of people or individuals whom advised that relocating Wakulima Market without our consent at Muthurwa estate is somehow targeting the said parcel of land.
We therefore wish to discuss and have a middle ground.
For project-related issues and complaints that we intend to have a clear guideline and outcomes will be:-

-Ksh 6 Billion (US $ 58,252,427.20) Breakdown Project Cost(Disturbance Allowance Per Household)
Project Affected Persons (PAPs) (Household resettlement, relocation or compensation)
Mis Distribution of Benefits and Damages now and there after.-KPLC 16 kV.
Vulnerable Persons, foreigners, traders working and residing within the affected area.
Preservation of Cultural Heritage Site. Muthurwa Hall, Shaffie Mosque, Muthurwa Clinic.
Time frames for future redevelopments
Involvement of International Observervers.
Although we recognize that you face constraining time frames, we will not be coerced into submission, we are requesting that you extend and re allocate the Survey till 31st May 2018 from 9 am to 5 Pm in order for us to have a meaningful engagement that conform to our terms.
Again, please accept our apology for this inconvenience. If you wish to discuss more on those issues, please do not hesitate to contact us. There is still time, however, to avoid international arbitration matter if you contact us within the next 14 days. This will be your final opportunity to resolve matters without the expense of filling for international court proceedings.

Thank You, looking forward towards favorable engagements.

Chairman.
Patrick Kamotho Githinji.
Muthurwa Housing Cooperative Society.
Muthurwa Residents Welfare Association.
P.O.BOX 8668-00200.
Skype:kamotho100
Email:kamotho7@gmail.com

Submitted this letter to below entities via email.
Project-related issues and complaints.

GIBB International Limited
P.O.Box 30020, 00100
Tel: +254 (0)(20) 3245000
Cellphones: +254 (0)722 206876, +254 (0)733 333024
Fax: (+254) (0)(20) 2210694/2244493
gibb@gibbinternational.com 

Principal Secretary,
Ministry of Lands, Housing and Urban Development.
Directorate of Nairobi Metropolitan Development.
Tel.254-20-317224/35.
info@nairobimetro.go.ke

World Bank-Kenya Office
Keziah Muthembwa
Communications Officer
+254-20-293-6000
KURA Director
Eng. D.G Muchiri.
Ag.General Manager.
dmuchiri@kura.go.ke
Email: info@kura.go.ke, 

General Secretariat.
Habitat International Coalition.
HIC-GS Team.
Marie
Mr. Yves Joel Zoffoun
 Mr. Davinder Lamba
JICA Kenya Office
Japan International Cooperation Agency (JICA)
Kenya Office
The Rahimtulla Tower, 10th floor, Upper Hill Rd.
P O Box 50572-00200
Tel : +254 20 2775000
E-mail
(for Official): 
ky_oso_rep@jica.go.jp
(for ABE initiative): 
ky-abe-mip@jica.go.jp