Court halts KeNHA plan to demolish Kebirigo multi-storey supermarket

A multi-storey building housing a supermarket in Kebirigo market, Nyamira County, has been temporarily spared demolition following a court intervention. Justice Dalmas Ohungo of the Environment and Land Court in Nyamira issued the ruling on Wednesday, restraining the Kenya National Highways Authority (KeNHA) from pulling down the property.

The dispute involves Edward Anyona Ongera, the owner of the premises, and the roads authority over claims of land encroachment. Justice Ohungo granted a 12-month injunction, effectively pausing any planned demolition until the broader ownership dispute is fully determined.

KeNHA had filed a preliminary objection dated February 17, 2026, challenging the suit. The authority argued that the building sits on a road reserve and that proper notices were served to the owner. However, Justice Ohungo dismissed the objection, ruling that it was invalid as it did not raise a pure point of law.

The judge noted that determining whether a notice was served and if it complied with statutory requirements would require the taking of evidence. This, he ruled, moved the matter beyond a simple legal objection. Justice Ohungo cited longstanding principles that preliminary objections must strictly address legal points without requiring factual inquiries.

In his assessment, the judge found that Ongera had established a prima facie case with a probability of success. While KeNHA does not dispute the plaintiff's proprietorship of the land, the authority contests the physical extent of the building. The court observed that because the dispute involves land, damages alone would not be an adequate remedy if the building were destroyed.

Consequently, the court found that the balance of convenience favoured preserving the structure pending trial. Despite the injunction, Justice Ohungo declined a request by the plaintiff to involve the Nyamira Police Station in enforcing the order. He stated that police should not be involved in the enforcement of civil injunctions, as procedures under the Civil Procedure Rules are sufficient.

The court ordered KeNHA to bear the costs of the application. Other parties listed in the suit include the Land Registrar, the Land Surveyor, and the County Government of Nyamira. Kebirigo market remains a significant commercial hub in the region, serving as a transit point for several major roads, including the Kisii-Chemosit highway.