Gikomba Traders Protest Eviction for Affordable Housing Development
Gikomba traders have taken legal action to oppose their impending eviction, which is intended to make way for the construction of affordable housing units. The traders argue that the government’s plan to expand the Nairobi River corridor riparian land to 60 meters will displace thousands of people and violate their property rights. This move has sparked a heated debate about the balance between development and the protection of livelihoods in one of Nairobi’s oldest and most vibrant markets.
The dispute centers on a public notice issued by Nairobi County and the national government on March 6, 2025. The notice declared the Nairobi River corridor and its tributaries as a special planning area, stretching from Naivasha Road to Ruai in Kasarani Constituency. According to the notice, the riparian land will now extend 60 meters on each side of the river, with 30 meters designated as a riparian corridor and an additional 30 meters for development.
Through their lawyer, Ndegwa Njiru, the traders have filed a lawsuit against Nairobi Governor Johnson Sakaja’s administration, the Ministry of Lands, and Attorney General Dorcas Oduor. They claim that the government failed to involve stakeholders in the decision-making process, leaving traders, suppliers, and workers in the dark about plans that could drastically alter their lives.
The Impact of the 60-Meter Riparian Land Expansion
The traders in Gikomba argue that the implementation of the 60-meter riparian land expansion would have devastating consequences for Gikomba Market and its ecosystem. The market, which spans 14 acres, would be almost entirely consumed by the proposed 60-meter stretch. This would not only displace traders but also disrupt a well-established business network that supports thousands of livelihoods.
Gikomba Market has a rich history dating back to the 1950s and serves as a hub for second-hand clothing and garments imported from Asia, Europe, and South America. These goods are resold locally and exported to other East and Central African countries. The market supports a wide range of businesses, including importers, local sellers, transporters, and casual laborers.
“The market is at risk of disappearing, and with it, the livelihoods of hundreds of thousands of people who depend on it directly and indirectly,” said Kibathi, one of the petitioners. He emphasized that the market is not just a place of business but a vital economic ecosystem that supports various sectors, including bodaboda riders, handcart pushers, and truck drivers.
Legal and Constitutional Concerns Raised by Traders in Gikomba
The petitioners have raised several legal and constitutional concerns regarding the government’s plan. They argue that the expansion of the riparian land violates their right to own property and amounts to unlawful eviction. They also claim that the government failed to provide sufficient and clear communication about the notice, infringing on their right to access information.
Kibathi, in his affidavit, pointed out that the Constitution guarantees protection against the deprivation of property unless it is for a public purpose and accompanied by prompt and full compensation. He argued that the government’s plan does not meet these constitutional requirements and is therefore ultra vires, or beyond its legal authority.
“The declaration goes beyond the scope for which the common law riparian land was created,” Kibathi stated. He added that the government’s failure to involve stakeholders in the decision-making process undermines the principles of public participation and devolution enshrined in the Constitution.
Socio-Economic Implications of the Eviction
The eviction of Gikomba traders would have far-reaching socio-economic implications. The market supports over 100,000 people directly and indirectly, providing a source of income for traders, suppliers, transporters, and laborers. The displacement of these individuals would lead to widespread poverty and economic instability.
“If the government’s plan is implemented, hundreds of thousands of people will suffer immensely and be pushed into total poverty,” Kibathi warned. He emphasized that the market is not just a commercial hub but a lifeline for many families who rely on it for their daily needs.
The Gikomba traders also argue that the government’s plan disproportionately affects low-income earners and violates the principle of equality before the law. They claim that the eviction would discriminate against those who cannot afford to relocate or restart their businesses elsewhere.
Government’s Vision for Affordable Housing and Infrastructure
The government, on the other hand, has defended its plan as part of a broader vision to develop affordable housing and improve infrastructure in Nairobi. The Kenya Kwanza administration, in collaboration with Governor Sakaja’s office, aims to regenerate the Nairobi River corridor, mitigate flood hazards, and redevelop the land for public use.
According to the public notice, the government plans to clear a 120-meter-wide strip of land spanning approximately 60 kilometers from Naivasha Road to Ruai. This land will be used to construct affordable housing units and develop a Local Physical Development and Land Use Plan. The government believes that this initiative will address the housing shortage in Nairobi and improve the living conditions of residents.
However, the traders argue that the government’s vision does not take into account the socio-economic impact of displacing thousands of people. They call for a more inclusive approach that balances development goals with the protection of livelihoods and property rights.
The Role of Public Participation in Governance
The petitioners have emphasized the importance of public participation in governance, a principle enshrined in the Constitution. They argue that the government’s failure to involve stakeholders in the decision-making process undermines the spirit of devolution and good governance.
“Devolution was supposed to enhance public participation in governance, but the government has failed to involve the very people who will be affected by its plans,” said Kibathi. He called on the government to engage with traders, suppliers, and workers to find a solution that benefits all parties.
The traders also highlighted the need for transparency and accountability in the implementation of public projects. They urged the government to provide clear information about its plans and ensure that affected individuals are adequately compensated.
