A significant number of Gikomba mitumba traders have been allowed by a Milimani court to file a fresh case challenging a decision by the Nairobi City County to demolish their business premises to put up a fire station.
Justice Sammy Aswani Opande allowed an application made by lawyer Danstan Omari to file a fresh case seeking orders to stop further demolition of their stalls.
He gave Omari two hours to file the substantive evidence which included licences issued to the traders to operate in the two-acre parcel of land valued at Sh2 billion.
Opande heard that two traders died during the demolitions which were done using bulldozers.
Additionally, he heard that the traders had been operating in that parcel of land since 1936.
Thirsty to serve with justice, Justice Opande said the rights of these small-scale traders must be protected since they highly contribute to the growth of the country's economy.
"The plight of the traders must be guarded jealously against the aggressors who have received licences levy and now they have turned against the hopeless claimants," submitted Omari.
The trader's earlier pleadings had been declined before due to a lack of evidence proving authority to operate in the area.
The traders comprising senior citizens aged between 50 and 80 years old prayed for the court's intervention saying they have nowhere to go if the decision to kick them out of their business premises is executed.
The court heard the traders have been unable to support their families for the last two months because their livelihood has been curtailed by the county government.
The plea to file a fresh case was opposed by the county government lawyer Dinda Alakhe saying the county government want to put up a fire station which is a project with public interest.
However, the judge heard the fire station will only sit on a plot of 50 by 50 metres and the rest of the land will end up in the hands of grabbers.
The judge waved an earlier order that the poor traders pay the costs of the earlier case which they had sought to amend saying they cannot be subjected to double Jeopardy of having their premises demolished and bear the costs of the suit.
In his brief ruling, Justice Opande said the application by the traders to file a fresh case has merit and it is not capricious.
