DNK International By Our Reporter,Nairobi.
A Milimani Court has extended orders directing that the status quo be maintained at Muthurwa Market and surrounding areas along the Nairobi River, pending the hearing and determination of an urgent application filed by traders challenging planned demolitions.
Court orders directed that “the current status quo on the suit land be maintained,” effectively stopping any demolitions or evictions in the contested areas for now.
The case was filed by traders and residents through lawyer Babu Owino.
The matter moved to court after allegedly being issued with a 14-day demolition notice targeting permanent multi-storey residential and commercial structures belonging to more than 3,000 members.
In their application, the petitioners are seeking orders to stop what they describe as imminent demolitions and evictions along the river.
They claim that authorities are selectively targeting one side of the Nairobi River occupied by informal and economically vulnerable residents.
“The respondents are selectively targeting only one side of the river occupied by informal and economically vulnerable residents,” the court papers state.
Upon reviewing the application, the court certified the matter as urgent and directed that it be heard inter partes on March 10, 2026.
As part of the interim directions, the court ordered that the application be served on the respondents immediately.
The respondents were directed to file and serve their responses within two days of being served.
The petitioners were also granted leave to file and serve a supplementary affidavit, if any, within two days after receiving the respondents’ responses.
In the application, the petitioners are seeking temporary and substantive conservatory orders restraining the respondents, their agents or officers from demolishing, evicting or in any way interfering with parcels of land and developments along the Nairobi River within Blue Estate, Bahati Annex, Kamukunji, Gikomba Open Air Market, Gikomba Cloth Market and adjacent areas.
They argue that they are lawful allottees and bona fide proprietors who have met all attendant obligations and therefore acquired constitutionally protected proprietary interests and legitimate expectations over the suit properties.
According to the court documents, the
They also challenge what they describe as a blanket application of a 30-metre riparian reserve rule, arguing that the law requires a contextual and scientifically informed determination of riparian boundaries based on factors such as the width of the river, hydrological data and existing developments.
Additionally, the petition raises concerns over alleged selective enforcement, with the petitioners claiming that informal and vulnerable riverbank settlements are being disproportionately targeted while other similar developments remain untouched, contrary to Article 27 of the Constitution on equality and freedom from discrimination.
The matter will be mentioned in court for further directions after parties exchange their responses.
[DNK-International@March 10,2026]
