The government is now at liberty to construct over 7,000 housing units in Shauri Moyo in Starehe constituency of Nairobi County.
This is after the High Court declined to have the plan suspended pending an appeal.
Justice Wilfrida Okwany ruled that the relationship between the 300 civil servants (who have filed the case) and the government, is that of a landlord a tenant and the latter cannot stop a landlord from taking over his building and carrying out construction work as long as the tenant is given adequate notice to vacate the premises.
The court noted that the civil servants did not demonstrate that they are not able to secure alternative accommodation for themselves. It further says that it was not enough for the civil servants to merely state that they have school going children and disabled ones in the premises.
The public servants wanted the government to provide them with alternative accommodation before demolishing the houses.
During the hearing of the application for stay of execution, the government argued that it had since 2014 planned to extend affordable housing to its citizens with full involvement of the applicants in line with the constitution.