Court halts evictions along Nairobi River as petitioners allege selective enforcement

In interim orders, the court certified the matter as urgent and directed that the application be heard inter partes on March 10, 2026, while ordering that “the current status quo on the suit land be maintained” pending further directions.

The petitioners argue they were issued with a 14-day demolition notice and claim the planned exercise threatens to bring down permanent multi-storey residential and commercial structures belonging to more than 3,000 members.

They accuse the respondents of selective enforcement, alleging authorities are targeting only one side of the river occupied by informal and economically vulnerable residents.

In the application filed through lawyer Babu Owino, the traders are seeking conservatory orders restraining 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.

They argue they are lawful allottees and bona fide proprietors with constitutionally protected interests, and contend the threatened demolitions are arbitrary, unlawful and unconstitutional, citing alleged violations of the rights to dignity, property, housing and fair administrative action under Articles 28, 40, 43 and 47 of the Constitution.

The petitioners also claim the respondents have not complied with safeguards on evictions under the Land Act, including requirements for adequate notice, consultation, humane treatment and provision of resettlement or alternative accommodation.

They further challenge what they describe as a blanket application of a 30-metre riparian reserve, arguing riparian boundaries should be determined contextually using hydrological data and existing developments.

The matter will be heard on March 10.