• Artisans had moved to court to contest a decision by the county to repossess the land for the development of a market.
• They say they were given allotment letters for the land by retired President Moi in 1994.
Image: FAITH MATETE
Jua Kali artisans in Kisumu could not hide their joy following a ruling in their favour in the 8.4-acre land dispute between them and the Kisumu county government.
This was a huge blow to the county government because the parcel was to be part of the land where the Uhuru Business Complex was to be constructed by the national government.
The complex was named after President Uhuru Kenyatta.
The county was set to relocate the over 10,000 traders who were affected by the demolitions of their business premises and stalls witnessed across the city in August to pave way for the rehabilitation of the Kisumu Port.
The artisan association members had moved to court to contest a decision by the county to repossess the land for the development of a market.
However, Kisumu Environment and Labour court Judge Justice Antony Ombwayo last week ruled that the Jua Kali Association was entitled to the orders they sought from the courts.
Ombwayo said the artisans had valid documents indicating that the parcel was indeed registered in their names.
The association treasurer David Odanga told the media that justice was served because the court had saved them from losing the land which was donated to them by the retired President Daniel Moi.
He noted that the county can negotiate with them but not forcefully remove them from the land because they want to expand the market that is under construction.
The registered trustees of the association; Nyanuaya Yene, Richard Awiti and David Otieno had sued the county government, city manager, county commissioner, CS Ministry of Transport and the Attorney General.
The artisans noted that they are the legal owners of the parcel known as Kisumu Municipality Block and that they have been carrying out their business on it for the last 36 years.
They accused the respondents of encroaching into the parcel with intent of putting up a permanent structure without their authority.
“The respondents if not stopped, the applicants will suffer irreparable loss and damage which cannot be compensated by way of damage,” their application read.
Before they went to court, the artisans in December protested saying their land had been included in the plan by the national government and county to construct the complex without their knowledge and consent.
The artisans are claiming 8.2 acres out of the 23 acres.
They claimed that they were issued with an allotment letter in January 1994 and a lease the same year.
He said the association had conceptualised its own design as it planned to set up a structure to accommodate its 37,000 members.
Edited by R.Wamochie