The Environment and Land Court in Kisumu has barred the eviction of residents of three public housing estates pending determination of a petition challenging the county government’s tenancy renewal and verification exercise.
Justice E K Wabwoto confirmed and extended an earlier order protecting residents of Arina, Moscow (Mosque) and Argwings Kodhek estates from eviction.
The judge also suspended parts of a June 18 notice issued by the County Government of Kisumu warning tenants who failed to renew their tenancies by August 14 would be declared illegal occupants and their houses repossessed and reallocated.
The case was filed by Jacob Otieno Omollo, George W O Okara and Josephine Adhiambo Otiang’a, who occupy houses in the three estates.
The estates were previously managed by the National Housing Corporation before their management was handed over to the county government in March 2026.
The county then began a renewal, verification and regularisation exercise requiring tenants to produce old tenancy agreements, identification documents, KRA PIN certificates, passport photographs and payslips.
They were also required to clear alleged rent arrears, pay a Sh1,000 non-refundable renewal fee and sign new tenancy agreements.
The petitioners challenged the process, arguing the county had not provided adequate safeguards for tenants whose occupation was based on historical Municipal Council and NHC records.
They were particularly concerned about the threat of being declared illegal tenants and losing their homes without a clear verification, objection or appeal mechanism.
In his ruling, Justice Wabwoto found that the petitioners had established a prima facie case warranting conservatory orders.
The judge noted that the county had acknowledged that the exercise involved occupants whose original tenants were deceased, retired, no longer county employees or were not registered, as well as transfers of tenancies to rightful beneficiaries.
He said the exercise therefore went beyond routine renewal and required fair administrative procedures, including notice, disclosure of relevant information, an opportunity to be heard and reasons for adverse decisions.
The court directed that no resident currently living in the three estates should be evicted pending determination of the petition.
It also barred the county from rejecting records from the former Municipal Council of Kisumu or NHC solely because of their source or age.
However, the ruling does not stop the county from managing the estates or continuing lawful verification and rent collection.
The court directed that no adverse classification should take effect against a resident without a written provisional decision, disclosure of the material relied upon, an opportunity to respond and written reasons.
The substantive petition will now proceed for determination, with each party ordered to bear its own costs of the preliminary objection and application.
