A supermarket located in a multi-storey building at Kebirigo market, Nyamira County, has been saved from demolition due to a court injunction against the Kenya National Highways Authority (KeNHA).
Justice Dalmas Ohungo of the Environment and Land Court in Nyamira issued a ruling on Wednesday preventing the roads authority from demolishing Edward Anyona Ongera’s property until a wider ownership dispute is resolved.
Ongera approached the court on November 4, 2025, after receiving a notice from the Kenya National Highways Authority about plans to demolish the structure.
The authority claimed the structure encroached on the B5 road reserve along the Kebirigo-Keroka road, referencing a 1995 layout plan that established a 36.58-metre road reserve.
Ongera asserted his legal ownership of Plot 33B Kebirigo market and insisted his construction remained within approved boundaries.
He claimed he obtained necessary approvals from the Land Registrar, Land Surveyor, and county government before construction began, and pointed out that other buildings along the same street had not received demolition notices.
KeNHA attempted to dismiss the case through a preliminary objection filed on February 17, arguing the lawsuit was premature because the plaintiff had not provided the director general with a one-month notice of intent to sue, as required under section 67(a) of the Kenya Roads Act, 2007.
This provision stipulates that no legal action can be taken against the authority until at least one month after written notice detailing the claim has been delivered.
In his ruling, Justice Ohungo determined that establishing whether such notice was served and met statutory requirements would require evidence.
For this reason, the preliminary objection dated February 17, 2026 was deemed invalid, stated judge Ohungo, referencing the established principle that a preliminary objection must address a pure legal matter.
The judge determined that Ongera had presented a prima facie case with likelihood of success, noting that the first defendant did not question the plaintiff’s ownership but only the building’s physical dimensions.
He further emphasized that the dispute concerns land and concluded that damages would not provide sufficient remedy. The court determined that preserving the building during the trial was in the balance of convenience.
However, the court denied the plaintiff’s request to involve the Nyamira Police Station in enforcing the order.
Referencing established case law, Justice Ohungo stated that police should not participate in enforcing civil injunctions, noting that the Civil Procedure Rules provide adequate mechanisms for addressing non-compliance.
As the Court of Appeal ruled in Kamau Mucuha v Ripples Ltd (1993) KECA 82 (KLR), law enforcement should never be involved in injunction enforcement, the judge explained.
The injunction will remain effective for 12 months or until the case concludes, whichever occurs first.
The court also directed KeNHA to cover the application costs. Other parties involved in the lawsuit include the Land Registrar, the Land Surveyor, and the County Government of Nyamira.
The second, third, and fifth defendantsthe Land Registrar, Land Surveyor, and Attorney Generaldid not actively oppose the application.
The fourth defendant, the Director of Physical and Land Use Planning for Nyamira County, submitted no response.