PETITION: ESTABLISH STATUS OF EAST AFRICA RAILWAYS & HABOURS-LAND BUILDINGS AND ASSETS

The Speaker.

Rt.Hon Ngonga Martin.

East African Legislative Assembly.

P.O.Box 1096.

Africa Mashariki Road.

Arusha,Tanzania.

28^th/March/2019

Salutation Sir.

PETITION: ESTABLISH STATUS OF EAST AFRICA RAILWAYS & HABOURS-LAND BUILDINGS AND ASSETS 

We are honored to note the commendable work you and the entire EALA are doing, we write to you highlighting a profound sense of responsibility and commitment bestowed upon you by the entire East Africa countries and its founding principles. Thus EALA is a creation of legal framework, thus legality can be defined as compliance with the legal framework in the process and composition of East Africa community.

CONSTITUTION OF KENYA Preamble states we, the people of Kenya are Committed to nurturing and protecting the well-being of the individual, the family, communities and the Nation, recognizing the aspirations of all Kenyans for a government based on the essential values of human rights, equality, freedom, democracy, social justice and the rule of law. Article 1 state all sovereign power belongs to the people of Kenya and shall be exercised only in accordance with this Constitution. Art 2 (1) The Constitution is the supreme law of the Republic and binds all persons and all State organs at both levels of government. Art 2 (5) General rules of international law shall form part of the law of Kenya. (6) Any treaty or convention ratified by Kenya shall form part of the law of Kenya under this Constitution.

(UDHR & ICESCR) Human Rights to adequate housing is recognized in international human rights law as component of the right to an adequate standard of living, as enshrined in  Universal Declaration of Human Rights (UDHR, adopted in 1948) and the International Covenant on Economic, Social and Cultural

Rights (ICESCR adopted in 1966).

(VISON 2030) Kenya Vision 2030 is the country blue print covering the period between 2008-2030.It aims to transform country into a newly industrilized, middle income country. This vision is based on three “Pillars” the economic, the social and the political. On Social pillar it seeks to build a just and cohesive society with social equity in a clean and secure environment. Among the projects are viaduct roads captured in the Nairobi Integrated Urban Development Master Plan.

17 SUSTAINABLE DEVELOPMENT GOALS (17 SDGs)

In September 2015, the UN Member States adopted the “Transforming Our World: The 2030 Agenda for Sustainable Development”, known as 17 Sustainable Development Goals (SDGs) which has 169 corresponding targets. Enshrined in the 2030 Agenda are the pledges to “leave no one behind” and “reach the furthest behind first”.

 NEW URBAN AGENDA

(NUA), adopted in 2016 at the United Nations Conference on Housing and Sustainable Urban Development (Habitat III), is a document that sets the global standards of achievement in sustainable urban development firmly grounded in the UDHR that focuses on the realization of human rights, including the right to adequate housing. It sets the framework for sustainable urban development globally for the coming twenty years.

 LEGAL NOTICE 169 OF 2006

  In September 2005, due to haphazard negotiations and numerous court cases against Kenya Railways Cooperation (KRC) which had about 22,000, workers and staffs, about 9600 were illegally retired, retrenched and  Pensioners, the national assembly established Kenya Railways Staff Retirement Benefit Scheme(KRSRBS) was established and allocated about 17 Prime estates, located in major towns within the country. Its estimated that there exists about 324 estates which deed lease indicates belongs to East Africa Railways Habours, Land deed lease indicates that “By Virtue of East Africa Railways Cooperation Act of 1967 this land is vested in the East African Railways Cooperation dated 5.9.1969”

We point out that for the past 15 Years several commercial multi-million projects have been undertaken within these purported parcels of land contrary to the Deed-Lease specifications and ownership being questioned.

MUTHURWA ESTATE

Muthurwa estate stands at a 72 Acre land No.209/6502, located within proximity of Nairobi City Center. The 2009 Kenya Household Survey indicated that there were about 1674 housing units each measuring 10 by 10 Mtrs, and a population of density 7,049 area in square km 0.5 . We are cognizant to NIUPLAN, which is in the planning phase in collaboration to ongoing Sub Projects known as Railway City Project which is World Bank, EU, JICA Funded, waiting implementation phase by end March 2019.  We have suffered, or are likely to suffer, harm as a result of the World Bank’s failures or omissions in the awarding tender to GIBB International Ltd (A shell registered Company) 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 World Bank project funded under Credit No.51020-KE”.

WORLD BANK,EUROPEAN UNION AND JICA GRANTS

The government of Kenya is in the process of acquiring Ksh 12 Billion for construction of viaduct roads, passing, traversing or terminating within the Muthurwa land and an extra Ksh 7 Billion from the European Union and Japan International Cooperation Agency (JICA) towards Nairobi Bus Rapid Transport Project. The entire project and sub projects are shrouded in secrecy and fears of land grabs are in the offing.

In July 2010 on behalf of Muthurwa Residents we managed to institute Court Case No.357/2010 at the High Court of Kenya to challenge demolition and evictions. This matter was later merged to establish Petition No.65 of 2010 on Bill of Rights Article 43 of Kenya Constitution which states everyone has a Right to Housing and affordable sanitation, a high court verdict was issued and Attorney General was directed to come up with Resettlement, Evictions Guidelines Bill, which is yet to be assented too similarly  a clear Resettlement Policy Framework (RPF) this is a framework prepared to guide resettlement action and in particular the preparation of resettlement Action Plans during Project implementation .

As provided under WB Involuntary Resettlement Policy (OP/BP 4.12), information and consultation

On the detailed Free Prior and Informed Consent on Sub projects, hold open households Census, which entails  field survey carried out to identify and determine the number of Project Affected Persons (PAP), their assets, and potential impacts; in accordance with the procedures, satisfactory to the relevant government authorities, and the World Bank Safeguard Policies. Cut-off date of commencement of the census of PAPs within the project area boundaries. We also emphasise engagement of all Stakeholders—Any and all individuals, groups, organizations, and institutions interested in and potentially affected by a project or having the ability to influence a project.

PETITIONERS PRAY:

In light of several petitions and correspondence we have engaged on behalf of our community, to AG and government of Kenya line ministry and petition addressed to President Uhuru Kenyatta dated 16^th November 2018 titled “Establish Commission of Inquiry into KRC Land and Assets”  we do pray that:-

If the above will be realized, on behalf of 7654 (2009 Household Census) residents of Muthurwa estate request for Ksh 2 Billion for (Disturbance Allowance) resettlement to a place before realization of Agenda Four on housing is realized.

-Our Prayers, that Muthurwa Housing Cooperative Society/Muthurwa Residents Welfare Association be granted rights to demolish and carter away, all structures, i.e iron sheet, walls, stones, pipes.

-We Pray, that if agenda Four on Housing is realized, that the Muthurwa Residents through their groupings will be allocated (Quarter of the) part houses, business established there in.

-For Sentimental value we request ownership and custodial lease to manage and maintain Muthurwa Dallas Social Hall.

That if redevelopment of the Nairobi Central Railway Station and its Surroundings process is embarked on, the residents through their registered entity will be granted rights to manage all recreational,educational and sanitations amenities established therein.

Lastly for women empowerment we request that through Cooperative we be granted rights to own and elect commercial ventures there in, along the viaduct roads, and the anticipated Railway City Project.