Thousands of traders at Gikomba Market have received a major reprieve after the High Court ordered that the status quo be maintained, temporarily halting planned demolitions and evictions along the banks of the Nairobi River.
In a ruling delivered on Tuesday, Lady Justice Lilian Kimani directed that no further action be taken on the contested parcels of land pending the hearing of an urgent application filed by affected traders.
“The current status quo on the suit land be maintained,” ruled Justice Kimani.
The petitioners, represented by Embakasi East MP Babu Owino, moved to court after allegedly receiving a 14-day notice threatening demolition of permanent multi-storey residential and commercial structures belonging to more than 3,000 members.
They are seeking both temporary and substantive conservatory orders restraining the respondents, their agents, or officers from demolishing, evicting, or interfering with developments within Blue Estate, Bahati Annex, Kamukunji, Gikomba Open Air Market, Gikomba Cloth Market, and adjacent areas.
Upon reviewing the application, the court certified the case as urgent and scheduled an inter partes hearing for March 10, 2026. The respondents have been directed to file and serve their responses within two days of service, while the petitioners were granted leave to submit a supplementary affidavit within two days of receiving the responses.
In court documents, the traders argue that the demolitions are arbitrary, unlawful, and unconstitutional. They maintain they are lawful allottees and bona fide proprietors who have fulfilled all legal obligations, thereby acquiring constitutionally protected proprietary interests and legitimate expectations over the properties.
The petition cites alleged violations of Articles 28, 40, 43, and 47 of the Constitution of Kenya, 2010 — covering rights to human dignity, property, accessible and adequate housing, and fair administrative action.
Further, the traders contend that authorities have failed to comply with mandatory statutory safeguards under the Land Act governing evictions. These include requirements for adequate and reasonable notice, meaningful consultation, humane treatment, and provision of resettlement or alternative accommodation.
They also challenge what they term a blanket application of a 30-metre riparian reserve rule, arguing that the law demands a contextual and scientifically informed determination based on hydrological data, river width, and existing developments.
A key plank of the petition is the claim of selective enforcement. The traders allege that only one side of the river — occupied predominantly by informal and economically vulnerable residents — is being targeted, while similarly situated developments remain untouched, contrary to Article 27 on equality and freedom from discrimination.
If upheld, the case could have far-reaching implications for urban planning, riparian land enforcement, and informal settlements in Nairobi and beyond.
Gikomba Market, one of Nairobi’s largest open-air markets and a critical hub for second-hand clothing and small-scale trade, supports thousands of livelihoods daily. Any demolition would have significant economic and social consequences for families dependent on the bustling marketplace.
For now, however, relief reigns.
The High Court’s interim orders provide breathing space for traders as the legal battle shifts to a substantive hearing on March 10 — a date that could determine the future of developments along the Nairobi River and reshape the conversation around riparian land use, evictions, and constitutional protections in Kenya’s capital.
