Gikomba Traders Allowed to File Fresh Case to Stop Demolition for Fire Station Projectt

Over 200 Gikomba Mitumba traders have been allowed to file a fresh case challenging a decision by the Nairobi City County to demolish their premises to put up a fire station.

Justice Sammy Aswani Opande allowed an application by lawyer Danstan Omari to file a fresh case seeking orders to stop the fourth way to the demolition of their stalls.

Justice Opande gave Omari 2 hours to file the substantive suit annexing all the evidence which includes licenses issued to the traders to operate in the two-acre parcel of land valued at Sh 2 billion.

The Judge heard that part of the evidence will be a video clip of President William Ruto who assured the traders they would not be evicted when he bought a shirt from a trader at Sh 100.

Justice Opande said the rights of small-scale traders must be protected since they are the drivers of the economy,
“The plight of the traders must be guarded jealously against the aggressors who have received licenses levy and now they have turned against the hopless claimants,” submitted Omari.

The Judge was further told two traders have since died after their stalls were demolished by county government bulldozers.

The judge had earlier declined a plea by the traders to amend their earlier pleadings which had omitted evidence to prove authority to operate in the area.

The traders, who are senior citizens aged between 50 and 80 years old, prayed for the court’s intervention saying they have nowhere to go if the decision to kick them out of their business premises is executed.

The judge heard the traders have been operating on the premises since 1936.

The court heard for the last two months they cannot support their families since their livelihood has been curtailed by the county government.

The plea to file a fresh case was opposed by the county government lawyer Dinda Alakhe saying the county government wants to put up a fire station which is a project with public interest.

However, the judge heard the fire station will only sit on a plot of 50 by 50 metres and the rest of the land will end up in the hands of grabbers.

In his brief ruling, Justice Opande said the application by the traders to file a fresh case has merit and it is not capricious.

The judge waved an earlier order that the poor traders pay the costs of the earlier case which they had sought to amend saying they cannot be subjected to double Jeopardy of having their premises demolished and bear the costs of the suit.

The traders are seeking preservatory orders from the court to stop the ongoing demolition in Gikomba until the matter is heard and determined.

Through their lawyer Danstan Omari, they are claiming to have gotten trauma after a big loss they incurred during the demolition where their properties were destroyed.

Mr Omari said that the group consists of 222 traders trading in the name Solidarity entered in the said land around 1936  where most of them are grandchildren of their parents who were trading in the same land.

They claim that they had been operating obeying the law paying taxes and owning genuine licences where previous governments had been acknowledging them.

The traders are challenging the county government of Nairobi for failure to issue notice in advance of the demolition,
“We went to court to challenge the county government of Nairobi for the way this demolition is done which is against the law,” said Omari.
The lawyer claims that there are individuals in the government who want to possess the same land and do the same business.
He added that the law does not allow demolition to be conducted at night where the traders had sworn an affidavit confirming the same and it proves the ignorance of the government.

The traders also claim that the action of their removal was done without public participation and the issuance of notice as stated by the law.

“We have moved to court to challenge the action of removing those traders who have been there for the last 56 years to bring other individuals,” protested Omari.

The market is said to be serving East African countries and chasing them out will affect trade between Kenya and those countries who rely on the market.

The traders also seek injunction orders to let them continue doing their business awaiting the determination of the matter.