Kiambu Governor Kimani Wamatangi and the national government are locked in a legal dispute over the latter's bid to take over control of four key markets in the county, exposing tensions between President William Ruto and the county boss over devolution boundaries.
At stake are Ngoliba, Karuri, Gakoe, and Maguguni markets — economic hubs that generate substantial revenue for Kiambu County and whose upgrading has become protracted between the two levels of government over the limits of county autonomy.
Central to the dispute, currently ongoing at the Environment and Land Court in Thika, are allegations of double procurement and the county's argument that market development is exclusively a county government function under Part B of the Constitution’s Fourth Schedule.
The case has also exposed escalating tensions between Governor Wamatangi’s administration and the national government.
Court papers show that armed police and officials from the Ministry of Lands had forcibly ejected county staff and traders at Ngoliba market to hand over the facility to a new contractor linked to the national government. This occurred despite Kiambu County having an ongoing construction project at the facility.
"What is before the court is a petition about the forceful takeover of county markets by the national government, physical assault of traders and staff, destruction of property and wastage of public resources through double procurement of services,” says the county government's co-petitioner in an affidavit.
"The actions have led to deprivation of traders from earning their livelihoods and also undermined the county government’s function of revenue collection,” the affidavit further reads.
The case is set to proceed to full trial after the court dismissed attempts by the national government to block hearing of the lawsuit.
The court rejected arguments by the Attorney General that the court lacked jurisdiction to hear the dispute, dealing a blow to the national government’s efforts to control upgrading of the commercial hubs through contested tenders.
The county government, alongside three residents, moved to court in March 2025 suing the Cabinet Secretary Ministry of Lands, Public Works, Housing and Urban Development, the Attorney General and the Inspector-General of Police over the controversial takeover of the four markets.
The standoff started when officers from the Ministry of Lands, Public Works, Housing and Urban Development accompanied by police officers reportedly stormed Ngoliba Market, ejected county staff and traders, and handed the site to a new contractor handpicked by the national government.
Court papers reveal that the ministry had awarded a fresh tender for construction of the market, overriding Kiambu County’s ongoing project.
However, Kiambu County termed the move as "illegal usurpation" of its constitutional mandate of Trade Development and Regulation. It then sued, accusing the national government of violating devolution principles under the Fourth Schedule of the Constitution, which assigns market development to counties.
In response, the Attorney General filed a preliminary objection, contending that the county was abusing the court process, arguing that the dispute should have been resolved through alternative dispute resolution mechanism at the intergovernmental relations committee.
Further, the AG stated that the court lacked jurisdiction and that Governor Wamatangi’s administration had bypassed negotiation channels provided in Article 189 of the Constitution and Section 30 of the Intergovernmental Relations Act.
However, the court ruled the case involved egregious violations of traders’ constitutional rights, including property destruction and breach of right to socio-economic livelihoods, which could not be resolved through bureaucratic mediation.
"The Intergovernmental Relations Committee cannot adjudicate constitutional matters related to land and the violation of rights; that jurisdiction belongs exclusively to the Environment and Land Court," stated the court, citing precedents where courts intervened to protect citizens’ rights despite alternative dispute mechanisms.
The ruling intensifies a long-running feud between President Ruto and Mr Wamatangi, who has resisted the national government’s push to control county projects.
For now, the temporary conservatory orders issued in April, barring further interference remain in place, leaving Governor Wamatangi with a symbolic victory and President Ruto’s administration with a legal headache.
