The Kenya National Highways Authority (KeNHA) has confirmed that traders operating along three major highways will not receive compensation when demolitions begin.
KeNHA named Chebarbar Lessons Nabkoli (B121), Mayoni Bungoma (B139), and Chepsonoi Kapsabet (B121) as the affected roads, noting that heavy roadside development has taken place over the years along the routes.
In a statement, KeNHA said the 30-day notice period remains in force. It added that once the notice expires, authorities will remove remaining encroachments in line with the Roads Act, 2007, at the owners’ cost and without further notice.
KeNHA issued the public notice on May 27, 2026, directing roadside traders and operators to remove unauthorized structures within 30 days. The authority said the listed structures include makeshift stalls, permanent and semi-permanent buildings, billboards, advertisement signs, directional signs, and tree nursery beds.
The notice applies to both new and old road alignments along the three highways, affecting traders on either side of the reserves. KeNHA said the 30-day period ends on June 26, 2026, after which enforcement teams will move in without additional warning.
Anyone who fails to comply by June 26, 2026, risks having their structures pulled down at their own expense, with no compensation available.
KeNHA’s enforcement also falls within Clause 49 of the Roads Act, 2007, which criminalizes the erection of structures on road reserves without written approval from the Authority. As the Act states, “Section 49 of the Kenya Roads Act, 2007, stipulates that no person or body may erect, construct, or alter any structure on, over, or below a road reserve or within a building restriction area without written permission from the relevant Authority.”
Many traders had hoped for compensation, particularly after witnessing payouts during other road projects around the country. However, the law draws a distinction between demolitions carried out for approved road works and the removal of illegal encroachments.
Section 29 of the Act provides for compensation only when KeNHA demolishes structures to support approved road construction or upgrades.
“If a road authority enters your private land to survey it, prevent accidents, or fix pipes, they must do as little damage as possible. If your land is damaged by their actions, Section 29 states; You are entitled to compensation; the amount should be agreed upon between you and the road authority, and if you cannot agree on an amount, an independent arbitrator appointed by the Chief Justice will decide the final payout,” the Act states.
In those circumstances, the Authority must limit damage and pay compensation through direct agreement or arbitration. That protection does not extend to traders who built on road reserves without permission in the first place.
