Gikomba traders sue Nairobi County over demolition of market stalls
By Joseph Ndunda |
They are petitioning the high court to prevent the county government from demolishing any more stalls or properties, as well as to compensate them for their losses.
A group of Gikomba traders is prepared to sue the Nairobi County Government for demolishing their storefronts at East Africa's largest open-air marketplace.
Twelve of them were impacted when the county demolished their buildings as part of its operations to remove structures from riparian areas.
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The government is evicting people living in riparian lands and wetlands to reclaim the property and ensure the safety of its population from flooding.
They had filed a petition before the high court, but they have now applied through lawyer Danstan Omari to be permitted to amend the action.
The traders have named the Nairobi County Government as the respondent in the case.
They are petitioning the high court to prevent the county government from demolishing any more stalls or properties, as well as to compensate them for their losses.
They accuse the government of being cruel and cold to them, and they want court protection since the demolitions violate their rights.
The government directed structures built on riparian land to be demolished.
In papers filed at the court, Omari says that the traders are on the verge of being evicted from their residential premises.
"They were not represented by counsel in their pursuit for justice and thus they are largely exposed. They seek leave to amend their previous pleadings to bring evidence that shall support their case before this court," states Omari.
"I verily believe that it is only necessary and just that the applicants be granted leave to amend their pleadings to bring forth evidence to support their plea before the court. The said amendments shall not in any way prejudice the respondents (Nairobi City County Government) but will help the court to determine the real questions of issues raised by the parties herein."
They claim that the absence of proof in their prior pleadings was a genuine mistake because they did not receive competent legal assistance and guidance, and that as a result, the petition they filed last month is bereft of evidence to support their quest for justice.
Omari says the traders were not properly advised on the nature and extent of evidence needed in their case against the County.
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