ELC Petition No. 46 of 2018 – Deep Sea Informal Settlement Delivered on 6 November 2025 by Justice Judy Omange

Overview
This petition was filed by three petitioners acting on behalf of 647 residents of the Deep Sea informal settlement, challenging the 1 October 2021 eviction.
Hakijamii (Economic & Social Rights Centre) represented the Petitioners.

The eviction was carried out by police officers and the Kenya Urban Roads Authority (KURA) to clear land for construction of Ring Road Parklands (Missing Link Road M15A).

Key Facts
– Residents had lived on the land since around 2002.
– They were previously evicted on 7 July 2016, after which each resident was compensated Ksh 20,000 (after Amnesty International’s intervention).
– A Resettlement Action Plan (RAP) existed and had been discussed between residents and KURA.
– On 1 October 2021, residents were given a 30-minute oral notice before demolition.
– Eviction occurred at night and in heavy rain.
– No written notice was issued, despite legal requirements.

Court’s Findings
1. The Eviction Was Illegal
The court held that the eviction violated:
Article 28 (dignity)
Article 29 (security of the person)
Article 35 (access to information)
Article 40 (property)
Article 43 (housing, water, sanitation, health)
Article 47 (fair administrative action)
Article 53 (children’s rights)
Rights of elderly and vulnerable groups
Land Act Sections 152C–152E (mandatory written notice and procedure)
The eviction violated UN Guidelines and international law because it happened at night, in bad weather, with no notices, and without humane treatment.

2. Responsibility
KURA (1st Respondent): Primarily responsible for the unlawful eviction.
Attorney General (2nd Respondent): Liable as State representative.
Interior CS & Inspector General (5th & 6th Respondents): Vicariously liable for police involvement.
NCCC on IDPs (3rd Respondent) and KNCHR (8th Respondent): Not culpable; KNCHR acted promptly once notified.

Remedies Ordered
1. Compensation
Each of the 647 residents is awarded Ksh 50,000 for violation of rights.

2. Structural Orders (Supervision by Court)
KURA must:
Hold consultations with all affected households within 45 days.
Prepare and publish a complete resettlement plan (including beneficiaries, valuation, compensation rates, timelines).
Prioritise vulnerable persons.
Give minimum 90-day written notice before relocation.
Work with the County Government to provide welfare support at the resettlement site.
Establish a Grievance Redress Committee.

Further:
KURA and NLC must file joint progress reports every two months.
KNCHR must file independent monitoring reports.
The court retains supervisory jurisdiction for compliance.

3. Costs
No order as to costs.

WATCH MORE HERE: From Despair to Hope: The Story Behind the Deep Sea Informal Settlement Arbitrary Evictions

READ THE FULL JUDGEMENT HERE: Deep Sea Slum Judgment- 2025