• The tenants said they were allowed to take possession of the houses within the scheme upon filling certain prescribed forms prepared by the NHC
• They said the quit notices are illegal, unconstitutional, null and void because they were not involved at all prior to the cabinet decision, yet it would affect them
Image: HILTON OTENYO
Tenants of Otiende estate in Kakamega town have given the county government notice of intention to sue over impending eviction from government houses.
Otiende Residents Self-Help Group, through Amasakha and Company Advocates, has given the county two days to furnish them with information on the policy documents and all pertaining to contractual documents signed between the defunct local authority, the National Housing Corporation, tenants and the county government.
They intend to challenge the legality of the notices to vacate by the county government, saying they are not bound by the contents of the notices.
This is after they were served with reminders to vacate the houses by end-month.
The reminder to one of the tenants read, “You are reminded to vacate county house number 517 as instructed in the above-referenced letter, failing which the county government will proceed to evict you from the said house without further notice.”
The reminder is dated July 3 and signed by the county director for housing, Kelvin Marangu.
According to the initial three-month vacate notice served to the tenants on May 2, the decision was approved by the county cabinet on April 4. The notice asked tenants who are not government workers to vacate the houses for county staff.
The tenants said the quit notices are illegal, unconstitutional, null and void because they were not involved at all prior to the cabinet decision, yet it would affect them.
Image: HILTON OTENYO
They said that the county has failed to inform them which law which it relied upon to vary the policy affecting their rights in the scheme.
They said the decision contravenes the terms and conditions upon which the housing scheme was leased, the national housing policy and Article 43(b) of the constitution.
“The decision to ignore their rights on the disputed property in favour of county staff is unfair, arbitrary and discriminatory,” the demand notice read.
“The decision taken required proper and prior public participation as envisaged in Article 10 of the Constitution of Kenya.”
The tenants said they were allowed to take possession of the houses within the scheme upon filing certain prescribed forms prepared by the NHC.
They said to date, they have not been furnished with the policy documents and related contractual documents informing the initial allocation of the scheme.
“The documents contain crucial information that will enable our clients to pursue their rights over the said disputed property,” the notice read.
They said the decision goes against their right to own property as enshrined in Article 40 of the Constitution.
It added that the period of the notice is unfair and has been taken without providing alternative housing as per the terms and conditions of the scheme.
The Otiende housing scheme, alongside Amalemba and Mudiri schemes, were constructed by the defunct Kakamega municipal council through financing by the National Housing Corporation in the early 1960s.
The municipal council then defaulted on its obligation to service the facilities, forcing the corporation to take over management of the three estates to recover its money through collection of rent.
Image: HILTON OTENYO
NHC handed two schemes back to the county government in November last year. The corporation had earlier handed over the Mudiri estate to the county government.
In a letter by JW Agutu on behalf of NHC managing director dated October 25, 2022, the corporation notified all tenants that it had handed back the management of the two housing schemes to the county government.
“You are informed that effective from November 1, 2022, all rent payments and other management issues shall be forwarded to the county government of Kakamega,” the notice read further.
A letter by acting Housing chief officer Patrick Likavo dated October 27, 2022 directed all tenants in Otiende and Amalemba housing schemes to pay rent to the county accounts at the Kenya Commercial Bank Kakamega branch.
The county government removed tenants from Mudiri estate last year to pave the way for development of a housing scheme that was launched by former governor Wycliffe Oparanya to alleviate the housing shortage.
His successor Fernandes Barasa has since changed the project to the county headquarters.