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Mombasa County govt ordered to relocate evicted hawkers

20 February 2014, 08:24 Ken Wekesa

Mombasa - A Mombasa High Court Wednesday ordered the county government of Mombasa to relocate hawkers from the city's Central Business District as previously agreed by their predecessors.

In his ruling Justice Edward Muriithi said the court had taken into notice that the petitioner and the respondent are in the middle of a negotiation seeking integration of their eviction.

“The respond must have considered the agreement reached between the municipal council of Mombasa and the petition before making a proposal,” said Muriithi.

Muriithi said the court had considered that the respondents evicted the petitioners from the CBD without providing them with an alternative area to conduct their businesses.

The court also considered the stakeholders who are affected by the petitioners carrying their businesses in the areas.

"The issue of a petitioner to earn a living is considered and the first respondent will provide the petitioner with a place to conduct their business," said Muriithi.

He directed the county government to put in account the following matters when allocating the petitioners an alternative location.

The area should be in appropriate zoning in the public interest and should be easily accessible putting in mind the rights of the marginalized as highlighted in article 21(3) of the constitution.

The court ordered the county government to consider security especially against terrorism robbery and other criminal activity and safety from fire during the allocation.

The petitioner had filed an application in court seeking an order for permanent injunction restraining the respondents their officers and agents form evicting the petitioner members from carrying out their businesses within the Mombasa county CBD without a provision of an alternative location.

Their counsel Leonard Shimaka had made submissions praying only for allocation of places outside the CBD as a conservatory measure pending hearing and determination of the petition.

The case will be mentioned on March 7 2014.             

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