Judge asks Nairobi hawkers to get proper legal aid

Hawkers running away from the Nairobi CBD. Theirs is a life of cat and mouse with the City County authorities. PHOTO: MBUGUA KIBERA

NAIROBI COUNTY: A court has ordered city hawkers to present fresh suit papers in a case in which they have sued Governor Evans Kidero over alleged violation of their constitutional rights.

The orders came after it emerged that the person who has been representing them was not a lawyer.

On Wednesday, the court heard that the hawkers are now being represented by Ishmael Nyarebo who asked for seven days to familiarise himself with the case and draw up a fresh suit.

High Court judge Isaac Lenaola set November 5 as the date for mention of the case.

The suit was filed by James Wanjohi on behalf of the hawkers, who want Dr Kidero found to have violated their constitutional rights and stopped from holding any public office.

In their previous suit, the hawkers had accused county security officers of killing and maiming their colleagues going about their business, stating that more than 10 hawkers had so far been killed.

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Mr Wanjohi further stated that the hawkers had suffered huge losses as a result of the harassment by county officers.

He claimed he filed the matter on behalf of some hawkers as they could not do it themselves for fear of reprisals.

DESTROY WARES

"Since the transition from the City Council of Nairobi to the present City County government, there has existed a squad of non-uniformed individuals who ride in marked county government vehicles with county government askaris during alleged inspection tours," Wanjohi stated in the suit.

He continued: "These non-uniformed individuals have been brutally and maliciously injuring and killing people who they allege to be violating by-laws."

They also accused the individuals of lobbing tear gas canisters at hawkers in crowded streets as well as destroying their wares.

The hawkers expressed apprehension that their lives were in danger as the county government and its agents appeared hell-bent on denying them their constitutional rights.

Wanjohi named Penina Waithera, Edward Kiboi, Daniel Gichimu and Boniface Muchiri as petitioners in the suit.

"The petitioners are afraid for their lives and have gone into hiding as an illegal order has been issued for their arrest because of advocating for the rights of those who have been injured," Wanjohi said.

Those committing the illegal acts, he said, were still on the loose and continued to threaten and infringe on their rights.

In the petition, the hawkers also also sough compensation for loss of income, injuries suffered and loss of lives caused by the county officers.

Other county officials named in the suit include the Director of Nairobi County Inspectorate and county askaris known as Wasi Wasi, Brown and Salala. The defunct City Council of Nairobi gained notoriety for its running battles with hawkers.