By Kepher Otieno - Reporter
Kenya, 16 January 2026 - Kisumu City has moved to decisively reclaim public walkways and road reserves, signaling a tougher regulatory posture that could reshape the city’s informal trade landscape.
In a public notice, City Manager Michael Abala Wanga warned that no business activity—whether hawking, displaying goods, or erecting temporary or permanent structures—will be tolerated on public walkways, footpaths, road reserves, or other public thoroughfares.
The directive underscores a growing tension between urban order and livelihoods in a city where informal trade has long filled gaps left by limited formal market space. While the county frames the move as a legal and safety imperative, it also raises questions about transition arrangements for traders who depend on high-footfall public spaces.
Abala was unequivocal about the scope of the ban.
“Public walkways, footpaths, road reserves and similar public spaces are not designated for private or commercial use,” he said, adding that holding a Single Business Permit does not authorise occupation of public walkways unless an area has been lawfully designated for that purpose.
Any ongoing use of such spaces for business, he emphasised, is unlawful.
The city’s enforcement plan is robust.
According to the notice, authorities will remove illegal structures, confiscate goods, issue penalties, and prosecute offenders.
Traders currently operating on affected spaces have been advised to vacate immediately and relocate to approved and designated trading areas.
The message suggests enforcement will be swift rather than gradual—an approach likely to test the county’s capacity to provide viable alternatives.
At the heart of the crackdown is a legal argument anchored in the Constitution and county law. Abala cited Article 62(1)(a) of the Constitution of Kenya (2010), which classifies public roads, streets, and walkways as public land, alongside Section 120 of the County Governments Act (2012), empowering counties to regulate and control public spaces. The city also referenced provisions of the Kisumu County Finance Act, reinforcing its authority to manage urban order and revenue-related compliance.
Urban planners and business groups have long argued that encroachment on walkways compromises pedestrian safety, accessibility for persons with disabilities, and traffic flow—especially in the central business district.
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From that perspective, the city’s stance aligns with broader efforts to decongest towns and restore walkability.
Abala framed the move as a matter of lawful use and public interest, stating that “any occupation of public walkways for business purposes is unlawful unless duly designated.”
Yet the policy’s success will hinge on execution.
Informal traders form a significant segment of Kisumu’s urban economy, and previous enforcement drives in Kenyan cities have often faltered due to inadequate relocation sites, selective enforcement, or political pushback.
Without sufficient, affordable, and well-located alternatives, the risk is that traders will return to the same spaces once enforcement eases.
The city’s notice attempts to pre-empt that criticism by urging relocation to approved markets, but details on capacity, fees, and proximity to customers remain unclear.
Traders are likely to judge the policy less by its legal grounding and more by whether it preserves their incomes.
The county, for its part, faces the task of balancing order with inclusion—ensuring that regulation does not become exclusion.
For now, Kisumu’s signal is unmistakable. The administration is asserting control over public land and drawing a hard line between permitted commerce and unlawful occupation.
As Abala put it, “possession of a Single Business Permit does not authorise use of public walkways,” and enforcement will follow.
Whether this marks a durable shift toward orderly urban management—or another cycle of clampdown and return—will depend on how convincingly the city pairs enforcement with humane, practical solutions for traders.
