Trades at Gikomba market going about their business despite the Nairobi city council health staff fumigate the market on 21st March 2020, Nairobi as measures taken to combating fight against Coronavirus pandemic in Kenya. [Edward Kiplimo, Standard]
Traders from the Gikomba market have gone to court protesting their looming eviction to pave the way for the construction of affordable housing units.
According to the petitioners, Nairobi County and the government issued a public notice dated March 6, 2025, which declared that the Nairobi River corridor riparian land expanded to 60 meters.
The notice in the dailies was signed by Nairobi County Executive Committee member in charge of Environment and Urban Planning Patrick Mbogo.
The case has been filed by the Mitumba Consortium Association of Kenya and Mbugua Kibathi.
Through lawyer Ndegwa Njiru, they have sued Johnson Sakaja’s administration, the Ministry of Lands and Attorney General Dorcas Oduor.
They claim that the two levels of government did not involve the stakeholders in issuing the notice.
According to the notice, the county and Lands ministry said that the Nairobi river corridor and its tributaries are now a special planning area running from Naivasha Road to Ruai in Kasarani Constituency.
The notice said that riparian land is now 60 meters on each side, with 30 meters being the riparian corridor and an additional 30 meters development area.
They argue that if the implementation of the designated 60-meter riparian were to go on as planned, then it would violate their rights to property.
They add that there would be displacement and unlawful eviction of millions of Kenyans who are in lawful possession of land situated along the corridor, including those living, staying and working for gain.
“That notwithstanding the fact that the declaration would affect a very wide cross-section of the society, the Respondents have failed, refused and/or neglected to involve the traders, suppliers, casual workers and labourers of Gikomba Market,” says lawyer Njiru.
According to the petitioners, the move would see the government clear a 120-meter-wide strip of approximately 60 kilometres from Naivasha Road to Ruai to construct affordable housing.
After the eviction, they argue that the government said it will be able to develop a Local Physical Development and Land use plan, which will provide the framework for river regeneration, flood hazard mitigation and redevelopment of the land.
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The Kenya Kwanza and Sakaja administrations plan to embark on infrastructure development, social and affordable housing and social and physical infrastructure.
“That I am advised by my advocate on record, which advice I verily belive ot be true that the purposes for which the declaration was issued, is ultra-vires, as it goes beyond the scope for which the common law riparian land was created,” says Kibathi.
In their argument, the petitioners say that if the plan continues as is, then the market, which sits on 14 acres, would cease to exist in its current form since the 60-meter stretch would occupy and cover almost the entire market.
The market, whose history dates back to the 1950s, supports people from all across the East African region who are dealing with second-hand commodities, particularly clothing and garments from international markets.
The goods are imported from Asia, Europe and South America and resold in the local market in East and Central African countries.
“That the market that is now at stakes of diminishing acts as a hub of a well laid out business ecosystem, that serves not only the importers of the second-hand commodities and local purchasers and sellers thereof, but it also serves as a means of earning a livelihood for other sectors in the transport industry to wit:- bodaboda riders, handcart pushers and truck drivers,” says Kibathi.
The petitioners say that the move would violate their right to own property and would be discriminated arguing that all Kenyans are equal before the law.
They add that there was no sufficient and clear communication from the government on the notice, which they say violates their right to access information.
Kibathi and the lobby group said devolution was supposed to enhance public participation in governance and that the constitution values the involvement of Kenyans in policy-making.
In his affidavit, Kibathi says that the Constitution guarantees that all Kenyans would not be deprived of their property or any interest of any description unless it is for a public course or in the public interest.
He adds that the acquisition of such property should be per the constitution and any act of parliament that requires prompt payment in full of just compensation to the person.
“That I am advised by my advocate on record, which advice I verily believe to be true, that Article 47(1) provides that every person has the right to administrative action that is expeditious, efficient, lawful reasonable and procedurally fair.”
The petitioners say the government’s move would severely infringe on their socio-economic rights.
They argue that if the plans by the government were to be allowed to continue, then it would affect more than 100,00 who depend on the market directly and indirectly.
“That needless to say, if the impugned declaration born by the Public Notice dated March 6, 2025, if implemented hundreds of thousands of traders, suppliers, transporters and labourers who depend on Gikomba Market market for income and/or livelihood will suffer immensely and would be subjected to total poverty,” says Kibathi.
