More than 38,000 Jua Kali artisans in Kisumu are facing an uncertain future after the High Court ruled in favour of Kenya Railways Corporation in a long-standing dispute over an 8.4-acre parcel of land they have occupied for decades.
The judgement, delivered on Tuesday by Kisumu Environment and Lands Court Judge Samson Okong’o, concluded a legal battle spanning six years over Kisumu Municipality Block 6/517, a piece of land allocated to Jua Kali members in 1986 by the then-President Daniel arap Moi.
Justice Okong’o noted that the government may not have sought consent from the Kenya Railways Corporation (KRC) before encroaching on the land, effectively upholding the corporation’s claim.
The ruling has sparked anxiety and dismay among the Jua Kali fraternity, who warn that the decision threatens to destroy investments worth billions of shillings and displace thousands of small-scale traders.
David Odanga, Secretary General of the Kisumu Central Jua Kali Artisans Association, told KNA that the artisans have genuine documents to prove ownership of the land and had engaged in multiple legal proceedings to protect it.
“We went to court in 2019 through Kisumu ELC No. 59 of 2019 after Kenya Railways partnered with the county government to build the Uhuru Market. The project encroached on our land, and we resisted. We obtained temporary orders and later injunctions restraining Kenya Railways, the county government, and the Ministry of Housing from proceeding with developing the land,” Odanga explained.
Another related case, ELC No. 8 of 2020, filed by Kenya Railways, was later consolidated with the initial suit, prolonging the legal battle over the same parcel of land.
Odanga said the Jua Kali community has diligently maintained its leasehold and paid all required levies and rates.
“We have legal documents — a 99-year lease granted in 1994, renewed in 2016, confirmed by the Ministry of Lands. Since 1994, we have paid annual land rent of over Sh40,000 and county rates, cumulatively amounting to millions of shillings,” he said.
The artisans warn that the eviction would destroy investments accumulated over nearly four decades.
“We stand to lose billions of shillings already invested on this land. Even the government stands to lose, because this is home to the Kisumu Central Constituency Industrial Development Centre, recently renovated at close to Sh3.5 million, yet not fully operational,” Odanga said.
He noted that the Jua Kali sector is Kisumu’s largest source of informal employment and a critical training ground for young people entering the labour force.
“Many youths rely on this land to earn a living, gain skills, and sustain themselves. Losing this space is not just an economic loss but a social one too,” he said.
Despite the court ruling, Odanga said the artisans were exploring all avenues to safeguard their livelihoods.
“We honour the judgement but are aware that the legal system allows for appeals. We will also seek negotiations with the government to find a workable solution. If necessary, we may take the matter to higher courts,” he said.
He further appealed to President William Ruto to intervene.
“We are tens of thousands of hustlers who have called this place our home of business for over 40 years. We believe the President can help find a solution that does not penalize ordinary Kenyans trying to earn a living,” Odanga said.
The parcel of land, known locally as the Nyayo Sheds, has a history of development projects by the government aimed at promoting small-scale manufacturing and youth employment.
Odanga said that when the population occupying the land was only about 200 in the 1980s, the artisans had already started contributing to local industrial development.
Today, the population exceeds 38,000, making it one of Kisumu’s largest informal business hubs.
“This land has nurtured generations of artisans and entrepreneurs. It is a critical space for training, employment creation, and economic activity in Kisumu Central,” he said.
The High Court ruling is likely to trigger a new phase of negotiations and legal appeals, with the fate of tens of thousands of artisans hanging in the balance.
For now, the community is set to meet and chart a way forward, hoping for a solution that safeguards both their livelihoods and the city’s industrial heritage.
By Chris Mahandara
