Court halts eviction of Ngara estate families

For more than 50 years, the Ngara Railway Estate in Nairobi has been home to retired railway workers and their families, but if the court had not intervened, the houses were to be demolished on May 6, pushing more than 200 families into harsh weather.

The aging houses owned by Kenya Railways for decades have housed old retirees who know them as their only homes since their service years. Generations have grown up here, rooted in a community built on shared history and public service.

The houses are managed by the Railways Retirement Scheme. 

Residents say they were not served with a written notice of eviction and there was no formal engagement, just a verbal warning. It was delivered to the residents’ association chairman, followed by a newspaper advertisement announcing the sale of the land.

They fear their homes may soon be handed over to private developers to capitalise on the high land value in Ngara, centrally located near Nairobi’s CBD.

But on Monday, the High Court stepped in with a temporary reprieve, halting the eviction and sale of the estate, pending a full hearing and determination of a lawsuit/petition filed by residents.

The ruling offers a fragile sense of relief to more than 1,000 residents — many of them elderly and without alternative housing.

The residents have always slept with one eye open as they have experienced intermittent demolitions and evictions.

In 2019, at least 200 stalls at Nyayo Market were demolished by a private developer to pave way for high-rise apartments. 

A number of residential houses were also demolished that year during the administration of former President Uhuru Kenyatta to pave way for Big 4 affordable housing projects. 

The petition against eviction and demolition was filed by the Ngara Railway Southern Zone Residents Association, which represents more than 200 households.

They said the eviction notice — delivered informally on April 16, with an eviction date of May 6 — violated due process and ignored their rights.

The very next day, on April 17, a newspaper advert confirmed their worst fears: the estate was up for sale.

Justice Judy Omange certified the matter as urgent and issued the orders.

She directed that the application be served to the respondents and responses be filed within 14 days.

The matter will be heard on June 11. Until then, the sale and eviction process remain suspended.

“These houses were never just property — they were a promise,” James Mwangi, 76, said. He had worked as a technician for Kenya Railways. 

“We were told, serve your country, and you’ll have a roof over your head. Now that promise is being broken.”

The residents say they’ve lived there for decades — some since the 1970s — and were never included in any discussions about the potential sale or redevelopment of the property.

Among the community are elderly retirees, widows, families with children, businesses, churches, schools, and other community services that have developed over time. To uproot the community, they argue, would be devastating.

In court documents, the petitioners described the eviction threat as a violation of their basic rights, accusing trustees of acting without legal standing.

They say the very authority of the trustees managing the estate is currently being challenged in another High Court case, making the planned sale potentially unlawful.

“Imagine living in one place for most of your life and then being told to leave with less than a month’s notice — and not even in writing,” widow Mary Achieng, 68, said.

“We’re not just tenants. We are part of this land’s story.”

The community has rallied together, with neighbours, organising legal aid, raising awareness and documenting their stories. Some have lived through Kenya’s colonial era, Independence, and now face displacement in old age.

“We may be old,” Mwangi added, “but we still have the right to be treated with dignity.”

Instant Analysis

The High Court’s intervention highlights the growing tension between urban development and housing rights for long-serving public workers. This case could set an important precedent for how retirement schemes and public housing estates are handled amid Nairobi’s land pressures.