The High Court has suspended an order requiring the return of open-air fishmongers and chicken traders to City Market.
The traders are embroiled in a tussle with the county government and stall owners, who want them out of the place.
The stall owners and the county government appealed after the fishmongers, in October last year, obtained an order that stopped their eviction, pending the determination of their case.
Justice Msagha Mbogholi said he was persuaded that the City Market Stallholders Association and the county government should be granted the orders.
"I have come to the conclusion that the application filed by the appellant [City Market Stallholders Association] must succeed. It is, therefore, allowed as prayed," he said.
Justice Mbogholi suspended an order issued to the traders last year. It had allowed them to go back to the market, pending the hearing and determination of the case
"The court will have to hear arguments from rival parties, including stall owners and the Nairobi county government, before granting any orders," he said.
The rival parties claim to be bona fide traders. But Justice Mbogholi wants their evidence scrutinised and witnesses cross-examined before further orders are issued.
Governor Mike Sonko's administration argues that the open-space traders had been evicted by the time they sought the order and termed their accusations as a misrepresentation of facts.
The traders, through lawyer George Nyamita, said the county government acted in contempt. The application by city Hall was dismissed in March. A magistrate said the order restraining the eviction had not been obeyed.
(Edited by F'Orieny)
