Court Halts Demolitions in Malaba as Residents Celebrate Major Victory

Residents and traders in Malaba town have received a major relief after the Environment and Land Court in Busia County issued fresh conservatory orders stopping the ongoing demolitions by the County Government of Busia.

The demolitions had triggered fear, losses, and uncertainty among business owners, especially those operating near the customs border point.

The decision came shortly after Busia Senator Okiya Omtatah moved to court seeking an immediate suspension of the demolitions.

Omtatah argued that the county government had started an urban restructuring exercise in Malaba without involving the public, which is a key constitutional requirement.

Justice Boaz Olao issued a stern directive, ordering all respondents—including the county government, its officials, and any other parties—to stop the demolitions until the full petition is heard and determined.

The conservatory order bars any further destruction of structures in the Customs area, Main Stage, Kocholya, and other affected zones that the county claims were illegally built on road reserves and public land.

Omtatah praised the ruling, calling it a strong message in support of constitutionalism and fairness. He said the county failed to conduct proper public participation and ignored the basic standards required when dealing with public land and people’s property.

“This ruling is a huge win for the rule of law and for the hardworking traders of Malaba who were facing unlawful and unprocedural demolitions that placed their livelihoods at risk,” he stated, adding that no land audits were conducted and critical information was hidden from the public.

He urged the County Government of Busia to obey the court order immediately, warning that continuing with demolitions or intimidating traders would amount to contempt of court.

The senator also encouraged all stakeholders to adopt dialogue, transparency, and meaningful public participation.

He emphasized that while he supports the development of a more organised Malaba town, such progress must follow constitutional guidelines and respect the rights of residents.

On its part, the county government, through the Malaba Municipality, insisted in court that they did, in fact, carry out public participation before launching the operation.

These events unfolded just hours after the Environment and Land Court had also issued temporary orders stopping another demolition and eviction targeting residents of Makongeni in Nairobi.

The government had earlier directed the Makongeni community to vacate their homes by December 2 to allow construction under the affordable housing program.

The directive was met with resistance from lobby groups, including the Law Society of Kenya, who opposed the planned demolitions.

The two rulings now highlight growing concerns about government-led evictions across the country and the increasing need for authorities to follow due process, ensure transparency, and protect the rights of citizens.

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