The High Court has directed that the status quo be maintained at Gikomba market and surrounding areas along the Nairobi River pending the hearing of an urgent application filed by traders.
Lady Justice Lilian Kimani issued the interim order on Wednesday, ruling:
“The current status quo on the suit land be maintained.”
Traders Challenge Demolition Notices
The petitioners, represented by lawyer Babu Owino, moved to court after receiving a 14-day notice threatening to demolish permanent multi-storey residential and commercial structures belonging to over 3,000 members.
They are seeking conservatory orders to stop the alleged impending demolitions and evictions, arguing that the respondents are selectively targeting economically vulnerable residents on one side of the river.
Court Directions
The court certified the matter as urgent and scheduled it for inter partes hearing on March 10, 2026. In the meantime, the respondents must file and serve their responses within two days of service, while the petitioners may file a supplementary affidavit within two days thereafter.
The interim orders restrain the respondents, their agents, or officers from demolishing, evicting, or interfering with developments along the Nairobi River within Blue Estate, Bahati Annex, Kamukunji, Gikomba Open Air Market, Gikomba Cloth Market, and adjacent areas.
Constitutional and Legal Arguments
The petitioners argue they are lawful allottees and bona fide proprietors with constitutionally protected property rights. They contend that the threatened demolitions are arbitrary, unlawful, and unconstitutional, violating rights to:
- Human dignity (Article 28)
- Property (Article 40)
- Accessible and adequate housing (Article 43)
- Fair administrative action (Article 47)
They further accuse the respondents of failing to comply with statutory safeguards under the Land Act, including requirements for adequate notice, consultation, humane treatment, and provision of resettlement.
The petition also challenges the blanket application of a 30-metre riparian reserve, arguing that riparian boundaries must be determined contextually using hydrological data and existing developments.
Alleged Selective Enforcement
The traders claim enforcement has disproportionately targeted informal and vulnerable settlements along the riverbank, while similar developments elsewhere remain untouched, contrary to Article 27 on equality and non-discrimination.
The matter will now proceed for inter partes hearing on March 10, 2026.
