MR.

ODINDO OPIATA
T
he civil society organizations and social movements in the land and
housing sector demand immediate tabling and enactment of: the
twin Draft Community Land Bill and the Eviction & Resettlement Bill,
as a special tribute to the great Human Rights Defender and Pro-Poor Land
Reformer, Mr. Odindo Opiata who passed away on Friday, August 15, 2014.
Odindo, the Executive Director, Economic & Social Rights Centre (HAKIJAMII)
was a member and Vice-Chairperson of the Taskforce on the formulation of
the twin draft laws to operationalize the Constitutional provisions on the
recognition, protection and registration of community land rights. He leaves
behind two high level draft legislative documents to guide Kenya in securing
community land rights. The twin Bills were ready for presentation to the
Parliament for discussion and enactment by February 2014. Consequently, we
demand their enactment as a tribute to odindo opiata.
Indeed, beyond the taskforce, Odindo provided legal and expert
advice to many departments of Land, Housing and Urban Development docket
and international agencies on the subject of land and housing reforms. Odindo,
with great passion to protect the interest of the poor communities, offered
guidance and direction to many land related cases which were won against the
Republic of Kenya. The most outstanding of these cases include:-
1. Constitutional petition No 2.of 2011
Ibrahim Sangor osman on his own behalf and on behalf of 1,222 evictees
of Medina Location, Municipal Council of Garissa(Petitioner)
-Vs-
Minister of State for Provincial Administration and Internal Security (1st
respondent)
The Municipal Council of Garissa (2nd Respondent)
The Hon. Minister for Lands (3rd Respondent)
The Hon. Attorney General (4th Respondent)
The court held that the respondents violated the petitioners rights to accessible
and adequate housing under Article 43(1)(b) of the Constitution of Kenya. The
court compelled the respondents to return the petitioners to the land in which
they were evicted and construct alternative residents. A permanent injunction
restraining the respondents from future evictions was granted. In addition,
damages worth Kshs. 224,600,000 were awarded to the petitioners.
2. Constitutional petition No.6 of 2013
Amos Thomas Amfry (1st Petitioner)
Nagib Mohamed Shamsan (2nd Petitioner)
-Vs-
The Hon. Minister for Lands (1st Respondent)
The Hon. Attorney General (2nd respondents)
&
Dr. Mohammed Swazuri, Dr. Tomiik Konyimbih, Dr. Rose Musyoka, Dr.
Samuel Tororei, Silas Kinoti, Abigael Mbagaya, Muthoni Njogu, Clement Isiah
Lenachuru, Adbulkadir Adan Khalif (Interested Parties)

In its judgment, the court stated that, the Constitution requires the President
to appoint commissioners in accordance with legislation and there is nothing
to interpose the obligation of the President to act in accordance with the law.
To effect the purpose and objective of the Constitution, the only remedy is
to direct the President to comply with the provisions of paragraph 8 of the
First Schedule to the National Land Commission Act and offcially appoint the
Chairperson and Members of the National Land Commission within seven days
hereof.
In celebration of Mr. Odindos contribution to human rights and society, all are
invited at:
Refection and commemoration day at Ufungamano House today,
August 26, 2014 from 9.00a.m. to 5.30p.m.
Requiem Mass at All Saints Cathedral on August 28, 2014 starting
10.00a.m.
Community salutation at Ofafa Memorial Hall, Kisumu on August 29,
2014 from 11.00a.m. to 12.30 p.m.
Final rest in peace ceremony at Lweya Village, Uyoma, Rarieda on
August 30, 2014.
The civil society organizations and social movements in land and housing
sector invite us to honour the late human rights defender and pro-poor land
reformer by emulating his patriotism and unwavered commitment to social
and economic rights to all. We also wish to join the rest of the country and the
global community in conveying our message of condolence and goodwill to his
family and friends.
May his legacy of good work guide us as he rests in peace.
Signed by: Kenya Land Alliance, Hakijamii, Pamoja Trust, Kituo cha
Sheria, Reconcile, Muungano wa wanavijiji, Kenya Human Rights
Commission, Ujamaa Center, Haki Yetu, Pastoralist Development
Network of Kenya.
THE CIVIL SOCIETY ORGANIZATIONS AND SOCIAL MOVEMENTS IN THE
LAND AND HOUSING SECTOR DEMAND ENACTMENT OF THE TWIN DRAFT
COMMUNITY LAND BILL AND EVICTION & RESETTLEMENT BILL AS
A TRIBUTE TO ODINDO OPIATA NOW!