Relief for Gikomba market traders as High Court stops demolitions

High Court has directed that status quo be maintained at Gikomba market and surrounding areas along the Nairobi River pending the hearing of an urgent application filed by traders.

"The current status quo on the suit land be maintained," ruled Lady Justice Lilian Kimani.

In the case, the petitioners – through lawyer Babu Owino - moved to court arguing that they had been issued with a 14-day notice threatening to demolish permanent multi-storey residential and commercial structures belonging to over 3,000 members.

They’re hence seeking orders to stop the alleged impending demolitions and evictions.

"The respondent are selectively targeting only one side of the river occupied by informal and economically vulnerable residents," they argue in court papers

Upon reviewing the application, the court certified the matter as urgent but directed that it be heard inter partes on March 10, 2026.

In its interim orders, the court directed that the application be served upon the Respondents immediately, with the Respondents required to file and serve their responses within two days from the date of service.

The petitioners were also granted leave to file and serve a supplementary affidavit, if any, within two days of being served with the Respondents’ responses.

The court ordered that the current status quo on the suit land be maintained pending further directions.

In the application, the petitioners, through lawyer Babu Owino, are seeking temporary and substantive conservatory orders restraining the Respondents, their agents or officers from demolishing, evicting or in any way interfering with parcels and developments along the Nairobi River within Blue Estate, Bahati Annex, Kamukunji, Gikomba Open Air Market, Gikomba Cloth Market and adjacent areas.

They argue that they are lawful allottees and bona fide proprietors who have met all attendant obligations, thereby acquiring constitutionally protected proprietary interests and legitimate expectations over the suit properties.

According to the court documents, the threatened demolitions are arbitrary, unlawful and unconstitutional, and would amount to violations of the rights to human dignity, property, accessible and adequate housing and fair administrative action as guaranteed under Articles 28, 40, 43 and 47 of the Constitution of Kenya, 2010.

The Petitioners further contend that the Respondents have failed to comply with mandatory statutory safeguards governing evictions under the Land Act, including the requirements for adequate and reasonable notice, meaningful consultation and engagement, humane treatment, and provision of resettlement or alternative accommodation.

They also challenge what they describe as a blanket application of a 30-metre riparian reserve, arguing that the law requires a contextual and scientifically informed determination of riparian boundaries based on factors such as the width of the river, hydrological data and existing developments.

Additionally, the petition raises concerns over alleged selective enforcement, claiming that informal and vulnerable riverbank settlements are being disproportionately targeted while similarly situated developments remain untouched, contrary to Article 27 on equality and freedom from discrimination.

The matter will now proceed for inter partes hearing on March 10, 2026.