A contractor deployed at the controversial Ngoliba Market in Thika is now facing a Sh21 million damages bill after the Kiambu County Government accused him of demolishing pre-existing market structures built in 2010 using taxpayers’ money.
The County Government of Kiambu, through the Directorate of Valuation, has already conducted a preliminary assessment of the destroyed structures. Dozens of traders were reportedly evicted without notice on the eve of the market launch by the area MP, with some claiming their goods were also destroyed in the process.
The contractor, Enchanting Mombasa Ltd, has since been ejected from the site following a court order obtained by the County Government, which is also seeking to have him and his agents surcharged for the damage to public property, including market sheds.
A High Court sitting in Thika has halted construction of the market, which had sparked tension in the small shopping centre for nearly two weeks. This followed the deployment of police and hired goons allegedly used to intimidate locals and traders in favour of the contractor, who was defying the court order.
Justice Anne Mogeni of the Environment and Land Court issued conservatory orders against the Ministry of Lands, Public Works, Housing and Urban Development until the matter is heard inter partes.
“I direct that there shall be no dealings with the suit property until the inter partes hearing of the suit,” the judge ruled.
Last weekend, the dispute escalated when county officials were injured by hired goons reportedly brought in from Kabete—over 70 kilometres away—at a daily cost of Sh00. County vehicles were also damaged. The incident has seen Thika MP Alice Ng’ang’a come under fire, with critics accusing her of orchestrating the chaos.
The court instructed police to enforce the order by withdrawing officers previously deployed to secure the site for the MP and Enchanting Mombasa Ltd.
The contractor, whose equipment was removed by police last Thursday, is also facing the Sh21 million demand after the County valued the destroyed market structures, originally built in 2008.
Traders reported that their goods were looted during the overnight demolition, which occurred without warning.
Stephen Ligunya, a lawyer from Rachier and Amollo Advocates representing the County Government, argued that the Ministry used police officers to harass and forcibly evict traders without offering an alternative trading site.
So, what exactly is the problem?
On 20th September 2024, the Kiambu County Government, through its Department of Trade, advertised a tender on its website seeking a contractor to build a Sh50 million “complex” market at Ngoliba Shopping Centre, located along the Thika–Garissa Highway.
According to the bill of quantities, the scope of work for the tender (ref: CGK/TITI/MARKETS/008/2024/2025) included a single-storey market with stalls for traders, an ICT hub, a baby nursery, a cold room, stores, an administrative office, and an ablution block.
However, on 13th November 2024, the State Department of Housing and Urban Development—under Principal Secretary Charles Hinga—also advertised a tender for the same market (ref: MLPWHUD/SUD/093/2024/2025 – CLUSTER 90).
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The County Government conducted public participation in January to explain the market designs and identify a contractor. The forum was led by County Executive Committee Member for Trade, Susan Gatwiri, and attended by area MCA Joachim Njama.
Two months later, Thika Town MP Alice Ng’ang’a, accompanied by Njama and supporters wearing pro-MP merchandise, arrived at the site with a backhoe to “launch” the market. The ceremony reportedly lasted just 30 minutes, as captured on a Facebook livestream.
The MP claimed the market, although a devolved function, was her initiative under the Economic Stimulus Programme. She told Kiambu County officials to keep off the site and deployed over 100 police officers from various stations to guard it.
Escalating tensions
The escalating dispute has turned what should have been a straightforward project into a near flashpoint, with allegations of biased policing and involvement of hired goons clashing with county officials.
On Tuesday afternoon, after initially defying the court order, police finally vacated the site when the Officer Commanding Ngoliba Police Station verified its authenticity. Workers at the site, many wearing pro-Alice gear, were also ordered to leave.
Interestingly, the workers claimed they had not seen a site manager or contractor but were earning KSh600 per day for the job.
The County Government has since sued Enchanting Mombasa Ltd, alongside the Cabinet Secretary and Principal Secretary in the State Department of Housing and Urban Planning. They accuse the Ministry of unlawfully seizing the site with police support.
Not the first time
This is not the first time MP Ng’ang’a has faced controversy over market projects—functions devolved to counties.
In May last year, Ng’ang’a, together with three other MPs—National Assembly Majority Leader Kimani Ichung’wa, Gatundu North’s Njoroge Kururia, and Gatundu South’s Gabriel Kagombe—arrived in two helicopters at Kiganjo Market in Kamenu Ward to launch the facility. The incident turned chaotic, resulting in the death of a boda boda rider.
During the melee, which stemmed from a dispute between the MPs and county officials over the market’s control, David Nduati, a boda boda rider, was fatally shot. Gatundu South MP G.G. Kagombe was later charged with murder at the Machakos High Court after a video surfaced showing him firing into the crowd.
