The High Court has granted Gikomba traders permission to file a new lawsuit challenging the Nairobi County Government’s decision to demolish their business premises, which are allegedly on riparian land.
This decision follows the court’s rejection of their application to amend their initial court documents, citing potential prejudice to other parties involved.
The traders argued that they had initially filed the suit without legal representation or proper advice, resulting in the omission of crucial evidence.
Judge Sammy Aswani Opande questioned why Nairobi County seemed to be obstructing the interests of ordinary citizens, asking, “We are looking at how my client and the common mwananchi can agree.
However, I have no instructions; decisions are made by committees. My client wants what is best for the common mwananchi.”
The court has allowed the traders to submit their fresh suit by the end of business on Monday. In their previous application, the traders sought court orders to protect them from what they described as imminent violations of their human rights.
“The plaintiffs are on the verge of being evicted from their residential/business premises,” the court documents state.
This development is a significant step for the traders, who are seeking judicial intervention to prevent their displacement.
The case highlights ongoing tensions between the Nairobi County Government and local businesses, emphasizing the need for fair consideration of the rights and livelihoods of the city’s residents.
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