Githurai Night Demolitions Spark Outrage as KeNHA Accused of Flouting Eviction Laws

Night-time demolitions in Githurai 45 have reignited debate over whether government agencies are following Kenya’s own eviction laws.

On February 18, 2026, the Kenya National Highways Authority (KeNHA) flattened roadside stalls and small businesses along the busy Thika Superhighway corridor. Excavators moved in under heavy police presence, tearing down structures that traders say were their only source of livelihood.

By morning, dozens of families were counting losses running into millions of shillings. Protesters lit bonfires and blocked sections of the highway, clashing with police in running battles that disrupted traffic for hours.

KeNHA defended the operation, stating it was reclaiming road reserves and creating space for bus bays to improve safety and traffic flow. According to the agency, notices had been issued to affected traders prior to the demolition.

However, traders dispute that claim. Many say they received only a seven-day notice — far shorter than what Kenyan law requires.

Under Article 43 of the Constitution, every Kenyan has the right to accessible and adequate housing. In 2009, the government adopted eviction and resettlement guidelines that require at least three months’ notice before demolitions. 

The notice must be published in the Kenya Gazette and served individually to those affected. 

Authorities are also required to conduct consultations, develop a resettlement plan, and provide compensation or alternative arrangements to prevent homelessness or loss of livelihood.

In Githurai, traders insist those safeguards were not observed.

“We have operated here for years,” said Grace Wanjiru, one of the affected traders. 

“This market feeds our children and pays our rent. They gave us just seven days without any proper meeting or relocation plan.”

Residents argue that no clear relocation site was offered and that consultations with traders and the county government were either minimal or nonexistent. 

The midnight timing of the demolition has also drawn criticism, with rights advocates saying such operations heighten trauma and reduce chances for peaceful engagement.

The controversy echoes past disputes. In 2020, demolitions in Kariobangi left thousands homeless during the Covid-19 pandemic, drawing condemnation from human rights groups. 

Courts have since emphasised that evictions must follow due process and prioritise dignity.

There are also examples of better practice. In 2024, Nairobi County relocated traders from Muthurwa and Marikiti markets to Kangundo Road Market after consultations and a Resettlement Action Plan. 

Officials engaged stakeholders, assessed impacts, and provided structured allocations to minimise disruption.

International standards reinforce similar principles. The United Nations Committee on Economic, Social and Cultural Rights considers forced evictions “prima facie incompatible” with human rights unless carried out as a last resort and with full procedural safeguards.

The Githurai case now raises key questions: Was adequate notice given? Were consultations meaningful? Were compensation and relocation options properly addressed?

While road expansion and traffic safety are legitimate public interests, the law demands a balance between development and human rights. If procedures were bypassed, the demolitions could face legal challenges.