The motion, introduced by Umoja 1 MCA and Minority Whip Mark Mugambi, urges Governor Johnson Sakaja’s administration to establish designated market zones and create a formal registry for hawkers. This initiative expands on the Nairobi City County Pop-Up Markets and Street Vending Act of 2019, a law intended to regulate street vending but only partially implemented so far
Members of the Nairobi County Assembly (MCAs) have endorsed a new motion mandating the county government to shift street traders into designated backstreets and regulated pop-up markets, aiming to alleviate congestion in Nairobi’s central areas. This motion, which also introduces measures for enhanced security and a streamlined licensing process, intends to balance the bustling demands of hawkers with city mobility and safety.
The motion, introduced by Umoja 1 MCA Mark Mugambi, the Minority Whip, calls upon Governor Johnson Sakaja’s administration to designate specific market zones and establish a formal registry for hawkers. This initiative builds on the Nairobi City County Pop-Up Markets and Street Vending Act of 2019, legislation designed to oversee street vending but only partially implemented to date. Mugambi emphasized that unregulated street trade has significantly hindered city mobility, adding that enforcement officials often exploit traders through bribes and harassment.
“For a long time, we’ve failed to ensure that our vendors operate in a regulated environment. We need to allow them to trade freely without compromising the movement within our city,” Mugambi stated. The 2019 Act requires all street vendors to obtain a county license, maintain a clean stall, and abide by vendor zoning regulations. Under this law, the county must create a database of vendors with details on their goods, locations, and contacts, as well as delineate zones as unrestricted, restricted, or prohibited for vending. Violators face fines of up to Sh30,000 or six months’ imprisonment.
Once lauded as the “Green City in the Sun,” Nairobi has seen an influx of street vendors over the years, with an estimated 40,000 traders across the city and around 5,000 active in the central business district daily. This influx has led to overcrowded streets and complaints from local businesses about blocked entrances and limited pedestrian access. Governor Sakaja, who initially pledged to support hawkers by creating designated areas, included in his manifesto a plan allowing hawkers to operate in the CBD between 5 p.m. and 10 p.m., provided they adhere to rules on cleanliness and pedestrian flow. Under this framework, each vendor’s space would be restricted to 3-by-3 feet with clear walkways for pedestrians.
Despite these initiatives, the issue persists. In 2023, efforts to relocate hawkers to backstreets faced resistance from vendors, who criticized poor trading conditions. In response, the county allocated Sh100 million to improve these designated areas with structures and basic amenities.
Attempts to organize the street vending economy date back to previous administrations, with former Governor Evans Kidero blaming entrenched cartels for stalling reforms. His successor, Mike Sonko, also vowed to address the issue, but his plans quickly faltered. Later, Nairobi Metropolitan Services (NMS) under General Mohammed Badi introduced a market along Thika Road, though it stalled before completion.
The 2019 Pop-Up Markets and Street Vendors Act, initiated by former MCA Kabiro Mbugua, enforces market regulations under a newly established department responsible for maintaining cleanliness, managing revenue, and creating orderly market spaces. The law prohibits evictions of licensed vendors from designated zones without a 30-day notice and mandates fines for non-compliance.
This latest move by Nairobi MCAs seeks a sustainable solution to the street vending dilemma by integrating hawkers into regulated spaces within the city’s economy. Nonetheless, as history has shown, balancing the needs of formal businesses and the vibrant informal sector will demand continuous collaboration, negotiation, and strategic enhancements.