Land and Corruption,The Case Of Toi Market In Kibra, Nairobi County

Toi Market, one of Nairobi’s most popular markets, is an economic lifeline for thousands of traders and residents. Situated on a 4-piece acre of land at the centre of contestation between traders and private developers. 

It has approximately 5,000 traders who are segregated into sections according to the types of products they sell. However, a conflict lies in the growing tension between land grabbers seeking to illegally take possession of the land on which traders depend for their livelihoods. 

“The battle for Toi market land has escalated for over 30 years because of the area’s strategic location and its value, making it a target for developers and powerful individuals seeking to profit from its prime urban space,” said Raila Odinga, a former member of parliament of Lang’ata constituency.

For the traders who have worked in Toi for decades, the threat of losing their livelihoods due to eviction by land grabbers is a pressing concern.

 Judy Okwemba, a trader, is considering quitting her clothes business. Three fire outbreaks have ravaged it.

“Frequent fire incidents have been witnessed with no official reports from authorities on the cause of the arsons signaling a concealed agenda,” said Okwemba.

A Topographical Mapping of Toi Market in Kibera, Nairobi County, Kenya

History of Toi Market Fires

Over the past decade, Toi market has been ravaged by a series of devastating fires. In 2014, a fire broke out and destroyed property of unknown value rendering many jobless. Police said the fire started from one stall before spreading to others with the cause not yet known. 

Traders at the market have kept inquiring about why they never receive reports after reported fire incidents. They claimed that, amidst the fires, there is a much deeper corruption issue at play that contributes to these tragic events. The traders have expressed frustration over the lack of transparency and accountability when it comes to investigating the fire occurrences.

In June 2018, a fire which began in a section dealing with timber and clothing claimed 15 lives and left 60 others injured. The then President, Uhuru Kenyatta, promised investigations into the cause of the fires, emphasising identifying the culprits. 

However, there was no clear follow-up. Traders continue to ask why fire investigations are never concluded and why the community continues to face the same cycle of destruction year after year.

In 2019, two separate fires broke out in March. Investigators suspected arson as the cause. Once again, minor investigations were conducted to address the root causes of the incidents. By November 2021, another fire had razed part of the market, leaving traders counting yet another round of losses.

The most recent inferno occurred in August 2024. According to Kenneth Jumba, a chairperson at Toi Market, approximately 2,000 traders were affected by the fire, which claimed four lives and destroyed property worth millions. 

“This incident, like many before, is part of a broader, systemic issue that calls for urgent attention,” he added.

The Shadow of Corruption at Toi Market

Traders at the market believe that corruption is at play. Over time, traders have continued to experience frequent fires in certain parts of the market, especially in stalls that have been subject to endless conflicts and in areas where illegal activities are suspected to be carried on.

A source at the market said that corrupt officials are involved in setting the fires. 

“The market has disputes over land and space allocation, with some traders accusing market officials of favouring certain individuals over others.” Said the source

“Better access to resources is biased to certain traders who are suspected to be part of illegal activities that may be a cause of the fire outbreaks,” added the source.

The source also mentioned that corrupt officials at the Ministry of Land are bribed by individuals who intend to own land at Toi market.

“If the courts ruled that Toi market sits on public land, where did the unscrupulous land title deeds originate from, this is corruption at the market;” revealed the source.

I contacted the Lands Ministry to follow up on this claim. Lands Permanent Secretary Nixon Korir did not, however, respond to my calls and short messages or emails.

Traders I spoke to insist there are rampant cases of traders unlawfully being forced out by some corrupt individuals whose aim is to benefit from these displacements. The corrupt individuals are linked to powerful persons who fund the displacements.

“There is also a culture of impunity when it comes to the management of the market. Despite the frequent destruction and loss of life and property, there is little accountability for the officials and individuals responsible for maintaining safety at Toi market. Reports of stolen property and infernos go unexamined, allowing corruption and negligence to thrive unaccounted,” added the source.

“There is a chain of corrupt individuals that include market officials, political leaders, traders, land surveyors and officials at the ministry of lands who are behind land grabbing at Toi market,’ revealed a source.

A 2023 National Survey Report by EACC indicates that between 2018 and 2023, the Ethics Anti-Corruption Commission is reported to have recovered properties worth KES 23.84 billion and averted loss of public funds amounting to KES 34.49 billion through proactive measures. Despite progress in some areas, efforts to fight corruption have faced headwinds arising from the politicisation of the war against corruption, public apathy on issues of corruption and rapid technological changes that have had a compounding effect on the issue of corruption (EACC, 2023).

Besides the report, EACC has handed over corruptly acquired assets to the State, including 35 title deeds measuring 18.71 acres with a total value of KES 5 billion and cash assets totalling KES 511.4 million.

The Silent Suffering of Traders at Toi Market

“Traders at Toi market mostly depend on their stalls for a daily income. They are not just victims of infernos but are also casualties of a system that fails to protect them. While the fires destroy their property, they are left to cope unaided in the face of neglect from the authorities,” said Francis Marwa, a vendor at the market. 

Antony Malawi, a trader at Toi Market, said that the lack of transparency and accountability frustrates traders, who wonder whether their suffering is intentionally ignored. 

“ For many of the traders, the recurrent fires represent not just physical destruction but a deeper betrayal by the very institutions that should be protecting them,” he added.

Land Ownership in Kenya

Article 61 of the constitution of Kenya 2010 states that all land belongs to the people of Kenya collectively as a nation, as communities and as individuals. It further classifies land as either public, community or private.

Private land is owned by an individual under freehold or leasehold tenure, while public land is vested in the government for the benefit of the people in Kenya.

Community land is held and managed by communities. It includes land registered under group representatives, grazing areas and ancestral lands.

What Traders at Toi Market Say about the Land 

James Shola,60, a trader at Toi market, said the market land has been in dispute for a long time.

 “Toi land was acquired many years ago by individuals who already have title deeds,” he said.

“Most likely, the market fires are caused to force the traders out for the benefit of private developers,” he added.

Ezekiel Rema is a businessman who was the second chairman of Toi market from 2002. He has been at the market since 1993 and was among the members of the first committee to be formed that aimed to build a sanitation facility for traders.

“Initially Toi market was known as Soko Mjinga due to the temporary structures that had been erected on the land by traders,” he said.

Rema admits that Toi land has various portions that are privately owned while the rest is public land.  

“In 1996, a hawkers market was built on a section of Toi land, but the stalls were allocated to non-traders which signalled the introduction of corruption malpractices,” he said.

“In 2005, a statehouse worker by then whose identity is concealed claimed a section of the market land. A court case was filed, and after a legal battle, traders at the market won the case. The complainant had failed to identify the original names of business people who occupied the said piece of land,” he added.

Margaret Atieno, a vendor at Toi, recounted how she acquired her business space. She has been there for over twenty years.

“Back in the years when this land was forested, traders decided to settle here, and I was among them, thus acquiring space,” said Atieno.

“ I paid nothing to occupy this space, I only cleared the bushes that were within and started my business,” she added

Atieno confirmed that to rent space at the market; one must pay approximately 3000 shillings a month to landlords who occupied the market a while ago when there were no clear guidelines.

On 31 December 2007, arsonists burnt down this source of livelihood for hundreds of traders. Ezekiel Rema, a former market chairman, claimed that the incident resulted from dissatisfaction with presidential results the same year.

“In 2009, another case was filed at the high court involving a piece of land at the market. In this case, 42 land title deeds were mentioned. The case has been ongoing until November 2023, when a ruling was delivered in favour of Toi market traders,” said Ezekiel.

The traders at Toi market worry how the county government will take over control of the market land for the construction of a perimeter wall after courts revoked fake tittle deeds on a section of the land.

Voices of Local Leaders on Land and Corruption at Toi Market

“All fake title deeds at Toi market land have been revoked by the county government of Nairobi.”

This was a statement issued by Governor Johnson Sakaja when he toured the market after a fire claimed four lives and a section of traders lost property worth millions in 2024.

He further said that the county government will process a title deed for the market land in the coming days. This is after the court ruled in favour of Toi market traders in a court case that came to a conclusion. 

After a fire broke out in 2023 at Toi market, various leaders raised concerns about wrangles on the land. The member of the county assembly of Woodley/Kenyatta Golf Course ward, Davidson Ngibuini, mentioned that a group of private individuals was behind the arson.

Ngibuini further revealed that 43 unscrupulous characters allege that they ‘own’ the Toi Market land. “In their possession are 43 fake title deeds,” he added.

“These characters become our first suspects. The arsonists must be tracked down, apprehended and brought to justice. Our criminal justice system must prevail,” he said.

“These arsonists have destroyed millions of shilling worth of goods and infrastructure and have rendered our people jobless and without a source of income within minutes. They have ruined their livelihoods in the name of greed and land fraud,” added Ngibuini.

While visiting the market, Raila Odinga insisted that Toi land is under contestation.

“For more than 30 years, I have been handling land grabbers at Toi market,” said Raila Odinga.

 “This was not the first, second, third, nor fourth time for Toi market to be burnt down. The first time was in 1996 when I was the area Member of Parliament then. That is the time they had planned to grab it, but I opposed, and since then, I have been there always saving the market,” he said.

“Toi market land will not be taken away from the rightful owners who are traders at the market,” he added.

Samson Ochieng Jera, a Member of the County Assembly in Lindi ward, said that for over 13 years, there has been an ongoing court case with more than 10 title deeds. He noted that the title deeds were acquired fraudulently.

“Recently, the courts ruled that Toi market stands on public land, and therefore all the fake title deeds were revoked,” he added.

Lawrence Otieno, Member of the County Assembly for Sarangombe ward in Kibra, alluded to the fact that land grabbers have been behind Toi market woes.

“It has been a battle in the courts before a verdict in favour of traders was ruled,” said Otieno.

Nairobi County’s Plan for Toi Market

When Nairobi governor Johnson Sakaja took office in 2022, his first budget for the fiscal year 2022/2023 indicated that markets would be among the beneficiaries. In the budget, Toi market was allocated Sh100 million for its upgrade.

Nairobi County’s Chief Officer for Markets and Trade, Jane Wangui, confirmed that the procurement process for the construction of a perimeter wall at the Toi Market is underway, and work will begin as soon as the process is completed.

According to a notice of motion dated 15 June 2023, the perimeter wall aims to enhance safety and security measures to prevent arson attacks by installing an electrified perimeter fence, installing advanced fire suppression systems and robust security cameras, and employing adequate security personnel, including deployment of inspectorate officers.

 Further, the wall will provide proper infrastructure and facilities, including sheltered stalls, storage areas, sanitation facilities and utilities to ensure a conducive trading environment for the Toi Market traders.

There will be collaborations with administrative authorities, community leaders and stakeholders to ensure the design and construction of Toi Market are inclusive, meeting the specific needs of traders and the community at large of the Kibra area.

Wangui also confirmed that a fire engine has been stationed within the locality to respond promptly to any fire incidents. She emphasised that Governor Johnson Sakaja’s promise to fortify the market with a perimeter wall to enhance security is progressing as planned.

“I confirm to the traders that, as the Governor promised, he will deliver the perimeter wall to curb insecurity in the market,” Wangui stated.

Statistics of Land Cases According to the Economic Survey by KNBS 

Data captured in the Economic Survey Report by the Kenya National Bureau of Statistics indicated increased land and environmental cases between 2018 and 2022.

There was an increase in the number of cases disposed of from 5748 to 8284 in 2022. This was an increase of 44%. The increase was a result of the transfer of cases from one court to another.

Filed cases rose by 593 from 5834 cases in 2018. There has been an increase since 2020 in the number of land cases filed. The number of pending cases in 2022 decreased by 9%.

The Judiciary increased the number of land and environmental judges to cushion the backlog of pending cases in courts thus, the distribution of judges increased in 2021 and 2022.

The dispensation of environmental and land judges increased by 54% in 2021 to a total of 51 judges. The number of judges deployed was, however, constant in 2022.

This story was developed as part of the Transparency International Kenya- LCA II Project, 2024.