Kisumu court stops eviction of public housing tenants

The Environment and Land Court in Kisumu has stopped the eviction of residents in Arina, Moscow (Mosque) and Argwings Kodhek estates as a case over tenancy renewal continues.

Justice E K Wabwoto extended an earlier order protecting the tenants from eviction. The case challenges a renewal, verification and regularisation exercise started by the Kisumu County Government.

A June 18 notice from the county had warned that tenants who did not renew their tenancy by August 14 would be declared illegal occupants. Their houses would be repossessed and given to other people.

The case was filed by Jacob Otieno Omollo, George W O Okara and Josephine Adhiambo Otiang’a, who live in the three estates.

The estates were previously under the National Housing Corporation before their management was transferred to Kisumu County in March 2026.

The county then asked tenants to present old tenancy agreements, identification documents, KRA PIN certificates, passport photos and payslips. They were also required to clear rent arrears, pay a Sh1,000 renewal fee and sign new tenancy agreements.

The petitioners argued that the process did not give enough protection to tenants relying on older Municipal Council and NHC records. They said there was no clear way for tenants to object or appeal before being declared illegal occupants.

Justice Wabwoto said the petitioners had shown enough reason for the court to issue conservatory orders. He noted that the process involved tenants whose original occupants had died, retired, left county employment or were not registered, as well as transfers to rightful beneficiaries.

The judge said the process was not just a normal tenancy renewal and should follow fair procedures. Tenants should be given notice, access to information used against them, a chance to respond and written reasons for decisions.

The court ordered that no resident currently living in the three estates should be evicted until the petition is determined.

It also stopped the county from rejecting records from the former Municipal Council of Kisumu or the National Housing Corporation because of where they came from or how old they are.

The county can still manage the estates, verify tenants and collect rent. But it cannot classify a tenant adversely without first giving a written provisional decision, sharing the material used, allowing a response and providing written reasons.
The case will now proceed for hearing. Each side will meet its own costs for the preliminary objection and application