Nyandarua assembly suspends Sunday trading ban

The Nyandarua county assembly on Thursday suspended a gazette notice banning Sunday market days in Engineer Town.

Trade executive Rose Wamuiya had banned Sunday trading in a gazette notice on May 10. The move was meant to set aside Sundays as worship days, and to shield traders from competition brought in by non-residents.

Kipipiri MCA Paul Ngeche moved the motion to suspend the ban. He accused Wamuiya of not following the law and that the order should have been taken to the assembly together with the explanatory memoranda, which was not done.

“No consultation was done whatsoever, the Statutory Instruments Act 2013 and the Standing Order number 191 was not followed,” he explained.

Assembly speaker Wahome Ndegwa said the notice is illegal and has no effect or consequence on any resident until it is exhaustively dealt with by the assembly.

“I feel very happy today because this House has re-established its position and restored its dignity. There is no gazette notice that can avail itself without a statutory instrument, a guideline, policy or subsidiary legislation behind it. I'm therefore happy that you called an illegality by its name,” he said.

Githioro MCA Sambigi Mukuria said by failing to follow the provisions of the law, the executive had usurped the powers of the assembly. He said religion should not be used as an excuse to frustrate innocent traders as it is a selfish way by some people to shield themselves from competition.

Mukuria argued that no scientific research has proven that banning Sunday trading can increase the number of people who go to church.

“People who only go to the market on Sundays should be allowed their space," he said.

Wanjohi MCA Isaac Kung’u said public participation and serious dialogue ought to have been done on the matter. He said Kenya is a secular state, wondering what other denominations that do not observe Sunday as a day of worship would do.

“What will Seventh Day Adventists and Muslims do when this order is enforced?” he asked.

Edited by R.Wamochie