By Joseph Mwangi
Makadara MP Mike Sonko has gone to court seeking for a Sh25b compensation for Sinai fire victims. In his petition drawn by Ondieki & Ondieki Advocates, the petition names respondents as Attorney General, Interim Independent Electoral Commission of Kenya, Nairobi City council, Kenya Pipeline Company and National Environmental Authority.
In the petition, Sonko asserts that the , the livelihoods of Makandara residents such as Fuata Nyayo, Mariguini, Mukuru Kaiyaba, Kisii village, Masai village, Shimo la Tewa village, Hazina village, Lunga lunga village, Donholm village and Sinai village have been destroyed by a series of fires.
Sonko avers that the fires destroyed the lives and livelihoods of several people, voters cards of the surviving victims, small businesses and enterprises of the residents, schools, health centers, social lifestyle, culture and artifacts and the economic life of the residents.
According to Sonko, the fire outbreaks were caused by the collective negligence of the respondents jointly and severally. He is now accusing the Nairobi City council for failing to construct roads, supply water and or any infrastructure making the area inaccessible.
Another respondent, the Kenya Pipeline Company has negligently and with reckless disregard to the welfare of the respects constructed an oil pipeline in the middle of a residential area and has put no fire fighting equipment in place oblivious of the danger it poses to the inhabitants of this settlements an indication that commercial interests have been exhorted above life of persons contrary to article 26.
On their part, the National Environmental Authority has failed to execute its statutory mandate to enforce sustainable environmental policies exposing the residents of Makandara to great danger, risk and hazard.
The petition also claims that the Interim Independent Electoral Commission has also failed to carry out a special registration of voters to ensure that Makandara residents who have fallen victims of such fire tragedies replace their voter’s cards.
Sonko avers that any possibility of a by election In the constituency can be a great inconvenience to the residents since majority have lost some vital documents among them voters cards in the many fire tragedies and they wont be able to exercise their democratic right of choosing a person of their choice in any election before 2012. He now wonders whether the IIEC should wait until the next voter registration exercise to register those residents who have lost their voters cards and other documents in the series of fires that have occurred in the area
The City council of Nairobi has not issued the victims of Sinai fire tragedy, Mukuru fire tragedy and Kaiyaba tragedies to list but a few with voters cards yet they are expected to participate in any voting process that comes their way. This is unreasonable, undemocratic and in contravention with articles 24, 27, 28, and 38 of the constitution.
It is against the above factors that Sonko is now demanding that the High Court issues an injunction do issue restraining the respondents jointly and severally or their agents, servants or howsoever from evicting the slum dwellers until they are either compensated and/or allocated alternative settlements.
He also wants a declaration that a forceful eviction of slum dwellers in Makadara constituency will destroy livelihoods degrade the environment and impact on the eco-system and a declaration that slum dwellers are entitled to Judicial review within the meaning of article 47 (2) of the constitution before they can be evicted and a further declaration that forceful evictions of slum dwellers in Makadara constituency are inhuman and degrading within the meaning of article 25 (a) 29 (f) of the constitution.
Other judicial interpretation sought in the suit includes a declaration that forceful eviction of slum dwellers in Makadara constituency is tantamount to condemning the poor just because they are poor and this offends article 27 (1) (2) (3) (4) (5) of the constitution and a declaration that failure by the respondents to provide basic infrastructure like electricity, water and shopping molls has exposed Makadara residents to insecurity where life is short nasty and brutish.
He also wants a declaration that the slum dwellers in Makadara constituency having stayed continuously in the suit premises for over 50 years have acquired prescriptive rights