This report documents the entire process, provides insights into events that took place and is also an archive of information on the Kenya Slum Upgrading Programme (KENSUP) – Kibera Soweto East Zone ‘A’. It is also an account in respect to the process of overseeing allocation of the housing units to the residents of Kibera Soweto East Zone ‘A’ arose pursuant to a High Court order- Petition No. 304 of 2015 (Nairobi) dated 5th of January 2016. Justice George V. Odunga directed that “…the process of the allocation of the units be overseen by the representative of the Kenya National Commission on Human Rights in order to ensure that only those who are genuinely entitled to the benefit of the project reap therefrom”.
KNCHR did not only have the power to observe allocation of the housing units but also enjoined to report on the observance of human rights principles and transparency. Therefore, KNCHR took a keen interest in the Court’s observation that “With respect to the right to accessible and adequate housing...what the court ought to do is to ensure that those of the petitioners” who deserve have their interests catered for within the parameters which are reasonable. Taking this into account, the KNCHR’s authority to oversee the implementation of the High Court Order within the parameters of its mandate was further interpreted to entail an obligation to report back to the High Court on this exercise. The High Court made it clear that there may have been some few people who had been wrongfully allocated housing units in Kibera Soweto East Zone ‘A’ and in the words of the court, ‘this scenario must be avoided at all costs’ since ‘the project was meant to benefit those who genuinely deserve to reap the benefits of the project.
KNCHR took leadership and guided the process from; review and analysis of all relevant documents, complaints management and dispute resolution, development of a web based data management system, public communication, overseeing pre-ballot, balloting, and allocation of 690 housing units. Of the beneficiaries 66% were men while 34% were women. Furthermore, of these beneficiaries 2% were persons with disabilities and 1% older members of society who were then issued with house keys. This report was then filed in the High Court of the Republic of Kenya.
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