The High Court has ordered Gikomba traders seeking to stop demolition of their business premises by Governor Johnson Sakaja's administration to file a fresh petition.
This is after Justice Sammy Opande declined to allow the traders to amend the petition they had filed in April.
Opande dismissed the application to file additional evidence but allowed the traders to lodge a fresh petition containing all the issues. "l dismiss the current petition herein but allow the petitioners to file a fresh suit within two hours," the judge ruled.
The traders had sued the Nairobi City County government for demolishing their structures to build a fire station to enhance response to emergencies at the market.
The traders argued that they lacked legal guidance while filing the initial petition before hiring a lawyer to represent them.
They want the court to suspend the demolitions on grounds that the county did not carry out public participation or give them an opportunity to be heard before being issued with notices to vacate the area.
The court heard that so far the demolitions have affected more than 200 traders.
Anthony Mwangi, one of the traders, said the county government did not properly demarcate the area it wants vacated and questioned the size of the land for the project.
“The headquarters of the station (along Tom Mboya street) stands on land measuring 50 by 100 and the one on Kangundo Road on a land measuring 50 by 50 but for this one they want more than two acres,” Mwangi said.
“If they had involved us, we would have known where they want to build the fire station and continue doing our business as they go on with the construction," he added.
The traders claimed that the county government is taking huge land for the proposed fire station.
