The Impact of the Violation of the Right to Land on the Enjoyment of the Right to Housing: a Case Study of the Nubian Community in Kibera, Nairobi County

Abstract

This research project aimed to examine the impact of the violation of the right to land ownership on the right to adequate housing among the Nubian community in Kibera, Nairobi County. Its specific objectives were: to determine the extent to which the Nubian Community in Kibera, Nairobi County enjoys the right to land, to investigate the extent to which the Nubian Community in Kibera, Nairobi County enjoys the right to housing, and to examine the impact of the violation of the right to land ownership on the right to housing among the Nubian community in Kibera, Nairobi County. The study was guided by Will Kymlicka’s liberal theory of minority rights and Charles Taylor’s Communitarian theory. The research employed a mixed-method design. The target population consisted of key informants who were representatives of the Nubian community leaders, individual members of the Nubian community, and grouped members of the Nubian community in Kibera, Nairobi County. The study size was 50 respondents. The study used purposeful sampling to select study participants. The research instruments were a key informant questionnaire and a focus group discussion questionnaire. The quantitative data was presented through tables, frequencies, and percentages as descriptive statistics and analyzed using SPSS Version 25, while qualitative data was presented in thematic, narrative, and content analysis. The study concludes that there are inadequate measures for minority communities such as the Nubians in Kibera, Nairobi County to realize land and housing rights, despite most of them being aware of these rights. The study further concludes that discrimination practices affect the issuing of essential identification documents and land ownership opportunities for the Nubian community, despite the government of Kenya recognizing housing as a human right. The study therefore recommends co-operation between the government and stakeholders to achieve land and housing rights for the Nubian community in Kibera through public education in fora such as seminars and workshops. The Kenyan government should also reduce bureaucracy, reform land policies, and promote affordable housing options. The study also recommends further research to compare its findings with the circumstances of other minority ethnic communities in Kenya.