Gikomba traders move to court to stop eviction aimed at paving way for Ruto's housing project
Represented by lawyer Ndegwa Njiru, the petitioners claim that the decision was made without consulting stakeholders, including traders, suppliers, and workers at the market.
Traders at Nairobi’s Gikomba market have moved to court to challenge their planned eviction, arguing that the government’s decision violates their property rights.
The eviction is set to pave the way for the construction of affordable housing units, a project spearheaded by both the national and Nairobi County governments.
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According to a public notice published on March 6, 2025, the Nairobi River corridor riparian land has been expanded to 60 meters on each side. The notice was signed by Nairobi County Executive Committee member in charge of Environment and Urban Planning, Patrick Mbogo.
It states that the designated area, running from Naivasha Road to Ruai in Kasarani, is now a special planning zone.
The case has been filed by the Mitumba Consortium Association of Kenya and Mbugua Kibathi, who have sued Nairobi Governor Johnson Sakaja’s administration, the Ministry of Lands, and Attorney General Dorcas Oduor.
Represented by lawyer Ndegwa Njiru, the petitioners claim that the decision was made without consulting stakeholders, including traders, suppliers, and workers at the market.
“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,” Njiru said.
The traders argue that the implementation of the 60-meter riparian designation would render them homeless and jobless. They insist that the plan would not only affect Gikomba but also displace millions of Kenyans who live and work along the corridor.
Kibathi contends that the market, which occupies 14 acres, would be erased if the government proceeds with the plan. He describes Gikomba as an economic hub that supports thousands of traders, transporters, and casual labourers.
“That the market that is now at stake 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 who include; bodaboda riders, handcart pushers and truck drivers,” Kibathi said.
The traders also accuse the government of failing to provide clear communication on the decision.
They argue that this violates their right to access information and public participation, which are enshrined in the Constitution.
Kibathi emphasises that no Kenyan should be deprived of their property unless it is in the public interest and is done following due legal process. He insists that affected persons should receive full and just compensation.
The petitioners maintain that the government's decision will plunge over 100,000 people who depend on the market into poverty.
“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 for income and/or livelihood will suffer immensely and would be subjected to total poverty,” says Kibathi.
They now await the court’s ruling on the matter.
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