City Affairs

Court orders Gikomba traders to file fresh petition against demolitions

Gikomba traders hold demonstrations against looming demolitions in May 2024. (Photo: Eastleigh Voice)

By Joseph Ndunda | Monday, June 10, 2024

The traders had sued the Nairobi County Government for demolishing their structures to build a fire station to enhance its response to fire emergencies that are prevalent in the market.

Gikomba traders who are seeking the High Court's intervention to stop the demolition of their business premises must file their petition afresh.

This is after the High Court declined to allow them to amend the petition they had filed in April of this year to add more evidence.

Justice Sammy Opande dismissed their prayers but allowed the traders to file the petition afresh with sufficient evidence.

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The traders had sued the Nairobi County Government for demolishing their structures to build a fire station to enhance its response to fire emergencies that are prevalent in the market.

However, the traders told the court that they lacked legal guidance while making the initial petition before they hired lawyer Danstan Omari to represent them in the case.

Among their new prayers is seeking the High Court to temporarily suspend the demolitions pending a hearing of their suit, where they want the project to be discontinued.

The traders say the county did not carry out any public participation where they would have presented their grievances and they were not given notices to vacate the area before the demolitions started.

Over 200 traders were affected by the demolitions, according to their spokesperson.

Anthony Mwangi, one of the traders, said the county government did not properly demarcate the area they wanted vacated to allow the project and questioned the size of the land needed. They also hinted that the size of the land the county is acquiring for the project is bigger than where other fire stations are located.

"The headquarters of the station (along Tom Mboya Street) stands on a land that is 50 by 100 and its subsidiary on Kangundo Road on a land that is 50 by 50 but for this one they want more than two acres," Mwangi said.

"If they had involved us, we would have known where they want to build the fire station and continue doing our business as they go on with the construction."