Babu Owino Presents a Case in Court to Prevent the Demolition of Gikomba Businessmen’s Property

Embakasi East Member of Parliament Babu Owino challenged the government in the Mountain Law Courts regarding the alleged demolition and illegal relocation in Nairobi farms, citing violations of property and housing rights
He said that the residents had legal tenure backed by allotment letters, land titles, and decades of government service approvals, but they only received 14-day eviction notices instead of the legally required three months.
The victims expressed deep grief, insisting that the properties represent their pensions and life savings, while contesting the government’s claim that the land is riverside.

Member of Parliament for Embakasi East Grandpa Owino appeared at the Milimani Law Courts on Tuesday, March 10, to protest what he described as illegal demolition and forced eviction of Nairobi residents.

Embakasi East Member of Parliament Babu Owino speaking to journalists outside the Milimani Court. Photo: Babu Owino.
Source: Twitter

Representing businessmen and house owners from Blue Estate, Shaurimoyo, Gikomba, and surrounding areas, the MP asked for the intervention of the court to protect private property rights.

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While speaking to the media, Babu gave a brief history of the land in question, claiming that the residents are the rightful owners.

He explained that these people got the packages from Nairobi City County around 2002.

Ownership was approved through official minutes and allotment letters, but these same citizens are now facing disappointment from the government that originally gave them the land.

“We are talking about private properties here, the properties of Nairobi residents, which are about to be demolished.”

Owino said that the government issued an eviction notice to take away the property rights of individuals.

He used several constitutional articles to bolster his case, notably citing Article 40, which guarantees the right to own property, and Article 43, which protects the right to adequate housing.

The MP further emphasized that the government is violating the 2012 Land Act.

He said that although Article 152 (e) requires three months’ notice of eviction, the residents were given only 14 days.

“We know the process the government has to follow if they have a strong desire for the land that belongs to the people you see here.”

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He explained the legal steps for compulsory purchase, noting that it must involve the National Land Commission, accurate mapping, and most importantly, fair compensation. Owino noted that the current situation completely bypasses this legal protection.

The MP emphasized that the affected areas have schools and health centers, and that the residents have built a deep emotional connection for more than two decades.

“If people have lived there for more than twenty years, through the principle of legitimate expectations, the doctrine of legitimate expectations, these people have been paying land rates.”

According to Babu, the fact that the government has been collecting land tax and approving electricity connections for 20 years is clear evidence of legal ownership.

One of the affected victims confirmed the congressman’s statements, expressing grief over the possibility of losing their life’s work. They noted that for many, these assets represent their entire retirement savings.

“Many people who live there, that is their pension. They have a job and that is their pension. Imagine today, that pension has been taken away from them.”

The victim also objected to the government’s classification of the area as riparian land. They said that although riparian boundaries normally range from 6 to 30 meters, the current measure appears to be excessive.