Reprieve for traders as court halts Gikomba market demolition

Thousands of Gikomba market traders and Nairobi River bank residents on Wednesday got a major reprieve after the High Court stopped the planned demolition of their homes and business premises.

Justice Lilian Kimani of the Environment and Land Court ordered status quo on the disputed land, shielding over 3,000 residents from eviction and losing their homes, businesses, schools and health facilities along the Nairobi River.

The orders were issued on March 4, 2026, the very day a 14-day demolition notice served by the Water Resources Authority was set to lapse.

The notice, issued on February 19, 2026, had threatened to bring down permanent multi-storey structures at Gikomba Cloth Market, Nyayo Open Air Market, Gikomba Open Air Market, Shaurimoyo, Kamukunji, Blue Estate and Bahati Annex on the allegation that the developments fall within a purported 30 meter riparian reserve along the Nairobi River.

The Shaurimoyo River Bank Settlement Scheme and four individual residents Gladys Njeri Waweru, Josephat Irungu, Paul Karanja Kamunge and Justus Kinyua, rushed to court under a Certificate of Urgency, arguing that the threatened demolitions were imminent, arbitrary, and without any compensation framework, resettlement plan, environmental impact assessment disclosure, or meaningful public participation.

They claim the demolition notice issued by Nairobi City County and the Water Resources Authority (WRA) on February 19, 2026, threatening structures allegedly within a 30-meter riparian reserve, is arbitrary and unconstitutional.

According to the petition, residents have legally occupied their parcels for over 25 years, having been allocated land by the defunct Nairobi City Council in 2002.

Over the years, they have built residential flats, commercial premises, schools, health facilities, and other community amenities, which now face imminent destruction.

They also highlighted that the demolition plan selectively targets low-income residents on one side of the river, leaving similar developments on the opposite bank untouched, amounting to discriminatory action.

Petitioners’ advocate, Pius Oyoo said the court’s intervention was critical to prevent irreparable socio-economic harm to thousands of residents, including children, expectant mothers, and vulnerable families, while ensuring lawful, transparent, and scientifically informed planning of riverbank developments.

In her ruling Justice Kimani, upon reviewing the application, was satisfied that the matter was urgent but ruled that the issues raised were best determined upon hearing the parties inter partes.

She certified the matter as urgent and directed that the status quo on the affected parcels be maintained.

The court directed immediate service of court papers upon the Water Resources Authority, Nairobi City County and the Attorney General, and fixed March 10, 2026 for a full inter partes hearing.

The respondents have been given two days from the date of service to file and serve their responses.

Justus Kinyua, the scheme’s chairperson filed a supporting affidavit which stated that the Water Resources Authority had not disclosed, furnished or availed to the Petitioner any survey plans, beacon certificates, environmental impact assessments, hydrological studies or approved development plans to justify the 30-metre riparian boundary.

The petitioners further allege discriminatory enforcement, telling the court the respondents are “selectively targeting only one side of the river occupied predominantly by informal and economically vulnerable residents, while sparing developments on the opposite side.”

The petition, anchored on Articles 27, 28, 40, 43 and 47 of the Constitution of Kenya, seeks a permanent injunction against the demolitions, a declaration that the evictions are unconstitutional, and orders compelling the government to produce approved physical planning maps, environmental impact assessments and a resettlement framework.

The petitioners also seek general damages for violation of their constitutional rights.