Nairobi County Assembly has proposed the Nairobi City County Evictions, Resettlement and Demolitions Control Bill 2020 which seeks to lay out the framework for carrying out evictions, demolitions and resettlements within Nairobi.
The bill seeks to address the plight of individuals or families whose source of livelihood or places of residence have been dependent on the affected areas for at least five years prior to evictions.
According to the bill, owners of private land are prohibited from evicting unauthorized occupants without a court order following a three-month notice. Further, the bill entities such unauthorized occupants to fourteen days’ notice to vacate.
In addition, owners may only seek eviction orders from the High Court when the unauthorized persons refuse to vacate.
However, the bill allows private owners to apply for temporary eviction of such persons under certain circumstances.
On demolitions, the bill requires affected persons to be served the demolition notice at least seven days to give room for their defence in a court of law.
Also, the bill provides that demolitions within the city will be carried out during the day, within regular work hours.
In the case of resettlement, affected families will receive one-time financial assistance to a minimum of Ksh. 50,000 as transportation costs for moving the family and their belongings.
Furthermore, affected parties have the right to relevant information, full consultations and participation throughout the entire eviction and resettlement process.