Wednesday, November 9, 2022
STOP THE SENSELESS AND CRIMINAL EVICTIONS: JUSTICE FOR THE SHAH’S
The Kenya Human Rights Commission and the Kenya Asian Forum express their solidarity with the family of Niraj Shah whose home was demolished by a mob on Monday, 7th November 2022. In utter disregard of a court order dated November 3, 2022, and a notice by the Nairobi Council directing that the Shahs should not be evicted, a group of goons descended on the property worth Kshs. 80 million, flattened it and looted it in the process of the demolition. It is appalling that police from Gigiri, Spring Valley, and Parklands failed to respond when the Shahs called for help.
The Shahs have lived on this property for the past 40 years and have valid lease documents having renewed them in 1998 for the next 50 years. On the other hand, a private company named ‘Lariak Properties’ claims to have bought the property in 2010 from Metro Pharmaceuticals, raising pertinent questions on how a property with valid ownership documents was transferred to another. Who is behind this criminal activity? Was the lease fraudulently revoked before its time and ownership unscrupulously transferred to Lariak Properties? Even if Lariak Properties had bought the land, why did the company resort to criminal means to affect the evictions? Why was the court order not respected?
We note with deep concern that Kenyans of Asian origin have become targets of criminals affecting violent evictions in the recent past in what is seen as a well-veiled new style of land grabbing in Kenya. Developers have been illegally acquiring land held by members of the Asian community. These developers and cartels have been using inappropriate court orders to evict families from their homes. Furthermore, these developers have been ignoring due process, recruiting the help of local goons and illegal gangs to seize control of the property and evict families. The evicted families have suffered losses in millions not to mention the physical and mental anguish that the evictions have caused them.
Ms. Rakha Shah, Mr. and Mrs. Parin, Niraj and Avani Shah. These are the names of some of the members of the Asian community who have been forcefully evicted by developers and cartels in the recent past. These are people who have been left homeless because of the failing system, one that has allowed for the intrusion of cartels and the infringement of the rights of the minority.
Article 40 of the Constitution of Kenya guarantees the right to property ownership. The State has the primary obligation to ensure all rights are respected, protected, and fulfilled. It is this same government that has now failed the Shahs and many other Kenyans who have been subjected to illegal and criminal evictions.
WE ASK THAT:
- Directorate of Criminal Investigations to speed up the investigations on the illegal evictions and demolitions that left the Shahs homeless and to ensure the culprits are held accountable and remedies secured for the loss suffered.
- The Independent Policing Oversight Authority and the Kenya National Commission on Human Rights to investigate the failure by police to respond and avert the malicious damage to property and the apparent conspiracy by state officers.
- The Commission on Administrative Justice to investigate the (mis)conduct of the police and other state officers that perpetuated the criminal act and ensure they are held accountable.
- President Ruto, who committed in the Kenya Kwanza manifesto that ‘illegal demolitions, including those that do not follow due process, will not be allowed in his government’, to personally intervene in this matter which now lends huge doubts on his commitment to end illegal demolitions.
- The government brings to an end these senseless evictions and demolitions and immediately steps up to its obligation to respect, protect and fulfill human rights. Every Kenyan has a right to reside anywhere in the country without the fear of attack and persecution. The government must guarantee this right.
Finally, we are exploring legal remedies to ensure the culprits are brought to book and that justice is served for the Shahs.
Released by:
- Kenya Human Rights Commission
Davis Malombe,
Executive Director
- Kenya Asian Forum
- Kenya National Commission on Human Rights
- Independent Policing Oversight Authority
- The National Land Commission
- The Commission on Administrative Justice
Kenyan Asian Forum (KAF) 