Kiambu secures interim orders in market control dispute with national government

Kiambu County secured interim conservatory orders stopping the national government from accessing, taking possession of or interfering with several markets at the centre of an escalating constitutional dispute over devolved functions.

In a ruling delivered virtually from Thika, the High Court issued orders preserving the status quo pending the hearing and determination of a petition filed by the County Government of Kiambu and three other petitioners.

The dispute revolves around the development and control of Ngoliba, Karuri, Gakoe and Maguguni markets.

The parties sued include the Ministry of Lands, Public Works, Housing and Urban Development, the Attorney General, and the Inspector General of police.

The County contends that the national government’s involvement in the projects allegedly infringes on functions constitutionally assigned to county governments.

It adds that trade development and market regulation fall exclusively under county governments under the Fourth Schedule of the Constitution, raising risks of the government bypassing consultation requirements under Articles 6 and 189.

In allowing the application, the court found that the petitioners had established an arguable constitutional case warranting protection pending full hearing.

“This Court is satisfied that the Petitioner has demonstrated a prima facie case of constitutional violation with a sufficient likelihood of success,” the judge ruled.

“The public interest in maintaining the functional integrity of devolved government is engaged,” the court stated, adding that the orders sought were consistent with constitutional principles governing devolution.

Consequently, the judge restrained the State from taking possession of the four markets and barred enforcement of a directive issued by the Cabinet Secretary on March 20, 2025.

"That conservatory orders are hereby issued restricting the Respondents (Lands CS and PS) from accessing, taking possession of, or dispossessing the 1st Petitioner (Kiambu county), its staff, and traders from Ngoliba, Karuri, Gakoe, and Maguguni Markets, or any other markets within the Petitioner’s jurisdiction," the judge ruled.

The court also restrained the Inspector General of Police from obstructing county staff, enforcement officers and traders from accessing and operating within the affected markets.

The county had told the court that the State agents moved into Ngoliba Market with police protection and county assets valued at more than Sh19 million were destroyed.

It further argued that it had already commenced procurement processes for some of the projects and warned that parallel contracting risked wastage of public funds and legal disputes.

On their part, the respondents defended the projects as part of a broader national programme to improve social infrastructure and livelihoods through market construction.

The State maintained that the developments formed part of ongoing Economic Stimulus Programme market projects implemented through engagements with county governments.

They argued that Kiambu had moved to court prematurely without exhausting intergovernmental dispute resolution mechanisms.

The court, however, held that the interim orders were necessary to preserve the subject matter of the case.

In a further development, the court also issued notices requiring senior government officials, police officers and representatives of the contractor involved in the Ngoliba Market project to appear before court and show cause why contempt proceedings should not be taken against them over alleged disobedience of earlier court orders.