The High Court has stepped in to pause any activity at Muthurwa Market and the Nairobi River’s banks. This decision follows an urgent lawsuit from local traders who are fighting to stop looming evictions and demolitions.
The court certified the case an urgent matter and scheduled a full hearing for all parties on March 10, 2026. Until then, the judge explicitly ruled that “the current status quo on the suit land be maintained.”
The petitioners brought several concerns to the court’s attention. These include impending deadlines – authorities gave them only 14 days to vacate before the bulldozers arrive; massive losses – the planned demolition puts permanent multi-story homes and businesses at risk, affecting over 3,000 community members; and unfair treatment – the traders claim officials are practicing selective enforcement by targeting the side of the river where lower-income residents live.
Represented by lawyer and MP Babu Owino, the traders are asking for a formal freeze on all demolition and eviction activities. This request covers several neighborhoods, including Blue Estate, Bahati Annex, Kamukunji, the Gikomba markets, and surrounding areas.
The petitioners highlight several ways they believe the government is overstepping:
- Property Rights: They assert they are the rightful owners and legal allottees of the land. They argue that the planned demolitions are arbitrary and ignore their constitutional rights to dignity, housing, and fair treatment under Articles 28, 40, 43, and 47.
- Procedural Failures: The traders claim the state ignored the Land Act’s rules for evictions. Specifically, they point to a lack of proper consultation, a failure to provide alternative housing, and a disregard for humane treatment.
- Riparian Disputes: They challenge the rigid use of a 30-meter riparian limit. Instead, they argue that authorities should set these boundaries based on actual hydrological data and the buildings already standing there.
The court will hear the full arguments from both sides on March 10, 2026.
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