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High court In Mombasa rejects hawkers application and orders for dialogue

28 January 2014, 20:30

Mombasa - Hawkers in Mombasa failed to persuade the high court in to issue temporary restraining orders against the county government move to evict them from the central business district.

The hawkers had filed the application of agency under a notice of motion with the affidavit of Abudkadir Osman who is the chairman of Kenya micro and small enterprise Mombasa Branch.

Lawyer Leonard Shimaka claimed that the petitioners are registered with association with members who earn their living by carrying out their business.

“The petitioners are not criminals are registered with the association dated 2006 and the members use the same certificate to conduct their business and it registration under section 10 of society acts,” said Shimaka

The applicant claimed that the county government of Mombasa and the police has restrained them from carrying on with their business within Mombasa town albeit unlawfully they were not issued with a notice.

They told the court that they were not given an opportunity to be heard and that the respondent’s action to evict them was a breach of natural justice and rule of law.

Shimaka told the court that the respondents in secrecy and without transparency evicted the petitioners forcefully from the trading points and has failed to disclose information.

Prior to the coming of the county government the hawkers had reached an agreement with the then county of Mombasa in 2002 on how they should conduct their business ii a peaceful manner.

“The same parties who executed the agreement are the same in the county government of Mombasa” said Shimaka.

The hawkers claimed in annexure number 4 that there is a table showing the streets which they bare to conduct their businesses reached on October 2013.

”Based on previous agreement the District commissioner with the then Mombasa town clerk its on record the petitioners are recognized and should d operate within specific area in Mombasa’,said Shimaka

The petitioner prayed the court to consider the matter a gently and the status co be maintained prior to the eviction order and county commissioner maintain security and order.

Judge Maureen Odero rejected the application to have the restraining orders and ordered the applicant to serve the respondents.

“The court has considered the matter satisfied as agent and the applicant should serve the respondents before the matter come up for inter-party hearing on February 5 and request you alternatively seek dialogue with the county government.” said judge Odero.

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