WHEREAS Article 62(2) of the Constitution of Kenya, 2010 provides that public land shall vest in and be held by County Governments in trust for the people resident in the county, and may be administered on its behalf by the National Land Commission; WHEREAS Article 60(1) of the Constitution outlines that the principles of land policy shall ensure the protection of human rights and secure land rights for all Kenyans, including marginalized and displaced persons; FURTHER WHEREAS the defunct City Council of Nairobi and the Government of the Republic of Kenya, in response to a longstanding public interest concern, agreed to resettle squatters evicted in the year 1989 from Land Reference No. 209/1210, formerly a quarry and commonly known as Mathare 4A, to a parcel of land situated in Ruai under the Mathare 4A Resettlement Scheme-Ruai, specifically Land Reference No. 12979/1/R, as communicated in a letter Ref. TC(L) MNN/234/E/2005 dated 21st March, 2005 by the then Town Clerk, Mr. John Gakuo; NOTING THAT in order to formalize this resettlement, the affected squatters formed a Community-Based Organization known as Mathare 4A-Resettlement Scheme-Ruai and later on registered a legal entity known as Eastend Development Properties, which was subsequently issued with allotment letters vide a letter dated 16th January, 2007, following a resolution passed by the full defunct City Council meeting of Nairobi on 27th January, 2006; CONCERNED THAT after taking possession of the land, members of the Eastend Development Properties formerly known as Mathare 4A Resettlement Scheme-Ruai were forcibly evicted following a claim over the land by the Nairobi City Water & Sewerage Company Limited, resulting in a protracted legal dispute. This culminated in ELC Petition No. 1243 of 2016, where the court issued restraining orders against eviction, a position supported by this Assembly in its report adopted on 28th September, 2016 tabled by the Sectoral Committee on Water and Sanitation; AND WHEREAS despite the court orders and the resolution of this Assembly, the resettlement has not been realized. Instead, continued evictions have persisted, amounting to a sustained historical land injustice against the intended beneficiaries, who remain in deplorable and insecure living conditions while enduring expensive legal battles against state agencies; COGNIZANT that the defunct City Council had clear and documented intentions to settle the said squatters on county land, as reflected in official correspondences and resolutions; AND WHEREAS the Supreme Court of Kenya, in a landmark and final judgment in Petition No. 5 (E006) of 2022, held that the Nairobi City County Government holds valid and legal title to Land Reference No. 11344 (Original No. 41/3), measuring 5,639 acres in Embakasi, land previously claimed by the Kenya Defence Forces and other private entities and that has the authority to allocate and administer this land in the interest of Nairobi residents; AND FURTHER WHEREAS following a public petition presented by representatives of Mathare 4A, this Honourable Assembly, through a report tabled on 18th October, 2023 by the Sectoral Committee on Planning and Housing, recommended that the petitioners, who have endured long-standing historical injustices, be considered for resettlement on the aforementioned Land Reference No. 11344 (Embakasi) under allotment number LR No. 18170 in alignment with the County Government’s constitutional mandate and the Supreme Court's ruling; NOW THEREFORE, this Assembly resolves as follows: 1. THAT, pursuant to Article 62(2) of the Constitution, the Supreme Court’s decision in Petition No. 5 (E006) of 2022 and all other applicable provisions of the law, the Nairobi City County Government is mandated and empowered to allocate Land Reference No. 11344 in accordance with principles of equity, justice, and historical redress; 2. THAT, in consideration of the current occupation of a portion of Land Reference No. 11344 (Embakasi), the Kenya Defence Forces (KDF) be permitted to retain the area it presently occupies being LR No. 18169. The County Government to engage KDF on the terms for transfer of ownership of the land; 3. That, the remaining portion LR 18170 measuring approximately 405 ha be allocated to Mathare 4A Resettlement Scheme–Ruai (Eastend Development Properties) and other deserving communities/groups for purposes of residential settlement and community development. 4. THAT, the Nairobi City County Executive, in collaboration with the National Land Commission and other relevant government agencies, shall expedite the formal allocation and issuance of title deeds or other legal instruments to the identified beneficiaries within ninety (90) days from the date of adoption of this Motion. 5. THAT, the County Executive Committee Member responsible for Lands shall update this County Assembly within 21 days of adoption of this Motion on the progress made on its implementation.