Muthurwa (Kenya): Citizens Meaningful Engagement on the quest for the right to housing

Nomination submitted by Muthurwa Residents Welfare Association

Context:

Muthurwa estate is a 72 acres land belonging to the colonial East African Railways and Harbors, located within proximity of the Nairobi Central Business District. The collapse of Kenya Railway Corporation, due to the IMF Structural Adjustment Program, paved the way for massive rip off and mismanagement of Kenya Railway Corporation and its assets.

Right to Housing and affordable sanitation is an enshrined Bill of Rights in Kenya constitution, however, over 7,500 residents of Muthurwa estate faced forceful evictions. The land speculation is so rife in Nairobi City County Government due to its glowing middle class of five million population. Muthurwa estate has severally been earmarked for gentrification even after the courts gave a landmark judgment on right to housing Petition No. 65 of 2010.

The experience:

In this context, Muthurwa Residents Welfare Association has mobilized affected communities in participation of court cases and legal processes on the quest for the right to housing. We have enacted different participatory mechanisms, like open public forums (Baraza) to discuss emerging issues, documenting and sharing experiences via social media. We also draw from WhatsApp groups and social movements forums, as well as from online and desktop research.

Through this engagement, we have been able to include women and children living in the affected regions, who have embraced networking and opportunities to share. We have collaborated with state and non-state actors, like members of Kenya Political Truth and Justice, NGO council, and from other social movements, like Bunge La Mwananchi. We have participated in their activities and worked closely with local and international partners.

Collaborative efforts between our organization have had greater impact. After our mobilization, the courts gave a landmark judgment on the right to housing Petition No. 65 of 2010. This petition is a landmark matter in which the then United Nations Special Rapporteur on Right to Housing, Mithun Kothali, submitted his views and were incorporated in the verdict. 

In 2011, during the International UN-Habitat Expert General Meeting, Muthurwa Residents stormed, picketed and petitioned the then UN-Habitat Chief Housing Policy, Mr. Claudio Acioly, who acknowledged the petition highlighting among others, pushing Kenya country policy formulation on evictions and resettlement laws.

Within Kenya, a rejoinder petition to the Minister for Devolution paved the way for the transfer of functions between the County Government of Nairobi and the national government. The President of Kenya established the Nairobi Metropolitan Services, transferring four functions: health, road and infrastructure, education and finance. Through this intervention, Nairobi City saved billions of monies which were being embezzled, at the same time, service delivery was achieved and prudent utilization of resources was established.

We also achieved engagement of the World Bank in disputing the bank funding the Railway City Project, an opportunity emerged where the Bank did agree if approached with a sub- project they have capacity to finance. We have been able to contribute in the planning and development of plans, such as the County Integrated Development Plans and Annual Development plans. We have also achieved fundraising and ownership of the processes by the communities. We have been invited to showcase our quest on the right to housing in National and International Forums, more recently being the 2023 UN-HABITAT Assembly. to showcase and exhibit community meaningful engagement in regards to the Proposed Railway City Project.

More information: 

• https://www.facebook.com/groups/547759688608763/