A case where traders challenged the county government’s bid to clean up the town by demolishing their kiosks and businesses structures was adjourned yesterday in a Nakuru court.
Lady Justice Janet Mulwa issued 15 days to the county government of Nakuru and its secretary to file their replying affidavits in response to the allegations levelled against them.
The matter will be revisited on February 24 for purposes of compliance and to issue a hearing date. The traders have been operating along the Lower Factory road where they claimed security officials were deployed to demolish their structures.
Traders stated that county security guards had put down their kiosks following orders from the county secretary Joseph Motari, who they have also sued.
Having already secured licences for the operation of business, the traders termed the move by the county government as spiteful. According to the traders, the respondents had no right to destroy the applicants’ properties and had violated their rights to protection of property.
Traders protested that they had lost property because of the manner in which the demolitions had been carried out. The traders urged the court to grant them orders restraining the county government from continuing with further demolition of their kiosks pending determination of the matter.
Traders also sought a mandatory injunction that would direct the county government to allow the traders to go back and continue operating without any further harassment and intimidation.
“We urge the court to issue an order of stay against further demolition and non-interference with the resident’s kiosks till the matter is heard and determined,” read a section of the petition.
It was within their knowledge that there has been a budgetary allocation of Sh180 million to construct modern permanent kiosks and that tenders had been advertised.