The High Court has dismissed a petition by an activist accusing Housing Cabinet Secretary Alice Wahome of alleged corruption, procurement irregularities and human rights violations in the implementation of the Affordable Housing Programme (AHP), the Kenya Slum Upgrading Programme (KENSUP) and the Southlands housing redevelopment project.
Justice Patricia Nyaundi dismissed the petition, finding that Francis Awino had presented a wide range of serious allegations without evidence to substantiate them.
The judge described the petition as lacking in supporting evidence and troubling, faulting the activist for making grave accusations against Ms Wahome without providing material to demonstrate the alleged violations.
“Upon a careful reading of the pleadings, it becomes immediately apparent that the Petitioner made no effort whatsoever to substantiate the grave allegations levelled against the Respondent,” the court said.
Read: PCEA Women’s Guild loses Sh60m public school playground land
Justice Nyaundi said the court could not be expected to search for evidence that a litigant had failed to present.
“The Court cannot chase shadows; constitutional litigation demands disciplined presentation, not rhetorical flourish. It is therefore disconcerting, indeed unacceptable, that the Petitioner placed before the Court nothing more than unadorned accusations, expecting the Court to stitch together a case from silence,” she said.
The judge added that constitutional petitions are serious undertakings that require evidence to support claims of violations.
Among the allegations, Awino claimed that Wahome had irregularly acquired a mansion in Karen, Nairobi.
The judge said he had not provided evidence establishing the property’s existence or the Cabinet Secretary’s alleged acquisition of it.
Mr Awino had accused CS of presiding over what he described as a fraudulent enterprise involving housing projects under her ministry, particularly the Southlands redevelopment project in Lang’ata, Nairobi County.
The multi-billion-shilling project was initially conceived under KENSUP as a joint initiative between the Kenyan government and UN-Habitat to transform informal settlements into decent, affordable housing supported by social infrastructure.
Mr Awino argued that the project had departed from its original pro-poor objectives, alleging that it had instead prioritised private profit, opaque transactions and the interests of politically connected contractors and wealthy real estate players.
He claimed that original Southlands residents had been excluded and displaced, with some allegedly evicted without due process, alternative housing or adequate compensation.
Claims of forced evictions
The activist further accused the ministry of failing to involve residents and community-based organisations in the project’s planning, procurement and implementation.
According to the petition, affected residents raised concerns over the non-disclosure of project designs, resettlement terms, beneficiary selection criteria and the allocation of completed housing units.
Mr Awino alleged that their complaints were ignored or dismissed, and that the ministry failed to take corrective action.
The activist also challenged the award of construction and consultancy contracts, claiming that politically affiliated companies had been favoured through non-competitive procurement processes.
He alleged that some contractors lacked the necessary technical qualifications, submitted inflated budgets or had been flagged by the Auditor General over poor performance and financial improprieties.
He accused Ms Wahome of failing to suspend or reverse the contracts.
The petition further cited alleged cost overruns, unexplained budget reallocations, stalled projects and inflated consultancy fees across housing programmes.
Mr Awino claimed that the Cabinet Secretary had failed to act on audit findings and other oversight reports, undermining accountability and public trust.
He argued that the alleged conduct violated constitutional principles of integrity, transparency, public participation, social justice and accountability, as well as provisions of the Leadership and Integrity Act, the Public Procurement and Asset Disposal Act and the Public Finance Management Act.
Read: Bungoma court stops Sh5bn Kanduyi Airstrip land housing project over violations
Mr Awino sought declarations that the Southlands project violated residents’ rights to adequate housing, dignity and property, alongside orders addressing alleged procurement breaches, unlawful evictions and failures in public participation.
Ms Wahome opposed the petition, arguing that the allegations were broad, speculative and unsupported by specific evidence linking her to the alleged violations.
She maintained that Mr Awino had failed to identify the procurement records, audit findings or other evidence demonstrating her personal involvement in alleged financial impropriety, inflated project costs or misuse of public funds.
The CS also argued that the claims of forced evictions and violations of housing, property and dignity rights lacked particulars identifying the affected persons, the circumstances of the alleged violations and the officials responsible.
She further contended that the petitioner had not demonstrated how her actions or omissions resulted in discrimination or the denial of constitutional rights.
The Ethics and Anti-Corruption Commission (EACC), which had been named as a party also told the court that Mr Awino had not lodged a complaint with it to trigger investigations into the alleged misconduct, procurement irregularities or unexplained wealth.
The commission argued that he had failed to exhaust the available administrative remedies.
In dismissing the petition, Justice Nyaundi held that the allegations, without supporting evidence, could not provide a basis for granting the extensive reliefs sought.
“In light of the foregoing, the orders that commend themselves are that the petition is dismissed with costs to the respondent,” the court ruled.
Follow our WhatsApp channel for breaking news updates and more stories like this.