By Jehoshaphat Kanyoro Njaro
The High Court has granted Gikomba traders the right to file a new lawsuit challenging the Nairobi County Government’s decision to demolish their business premises, which have been deemed to be established on riparian land.
This decision follows the court’s rejection of their application to amend their original lawsuit on the grounds that it would be prejudicial to other parties involved.
The traders, argue that their initial filing lacked comprehensive evidence due to the absence of legal advice at that time.
They had submitted their first claim without a lawyer, which led to an incomplete presentation of their case.
The court has now allowed them to file a new suit by the close of business on Monday, giving them an opportunity to present all necessary evidence and legal arguments.
In their previous application, the traders had sought court orders to prevent what they described as an imminent violation of their human rights.
They claimed that the demolition of their premises would leave them without livelihoods, as the market has been their place of business for decades.
The Nairobi County Government’s actions were being challenged due to the lack of proper notice and consultation, as well as the manner in which the demolitions were carried out, often during the night and on weekends, which is against legal protocols.