The Kenya National Highways Authority (KeNHA) has announced that traders and businesses operating within road reserves along three major highways will not be eligible for compensation when demolition exercises commence.
The roads affected include Chebarbar–Lessons–Nabkoi (B121), Mayoni–Bungoma (B139), and Chepsonoi–Kapsabet (B121), corridors that have experienced significant roadside commercial expansion in recent years.
“The 30-day notice period remains in effect, after which any remaining encroachments will be removed in accordance with the Roads Act, 2007, at the owners' cost and without further notice,” stated KeNHA.
In a public notice issued on May 27, 2026, the authority directed all traders and operators occupying road reserves to clear unauthorized developments within 30 days.
The structures targeted for removal include temporary kiosks, permanent and semi-permanent buildings, billboards, advertising and directional signs, as well as tree nursery beds.
KeNHA noted that the directive applies to both existing and former road alignments along the three highways, meaning traders on either side of the road reserves are affected.
The agency indicated that the compliance period ends on June 26, 2026. Once the deadline lapses, enforcement teams will begin clearing remaining structures without issuing any additional notices.
Those who fail to vacate or remove the developments before the deadline risk having them demolished at their own cost and will not be entitled to compensation.
KeNHA cited Section 49 of the Roads Act, 2007, which prohibits the construction, erection, or alteration of structures within road reserves without written authorization from the relevant road authority.
“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,” states the act in part.
The clarification comes as some traders had anticipated compensation, particularly following previous road projects where affected property owners received payouts.
However, the law distinguishes between lawful compensation during road development projects and the removal of illegal structures erected on public road reserves.
While Section 29 of the Roads Act provides compensation in certain circumstances, it only applies when the authority acquires or interferes with private property for approved road construction, maintenance, or improvement works.
“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,” states the act.
Under such circumstances, compensation can either be agreed upon between the affected landowner and the authority or determined through arbitration by an independent arbitrator appointed by the Chief Justice.
KeNHA emphasized that these legal protections do not apply to individuals who unlawfully occupied or developed road reserves without the required approval.
