Nairobi hawkers withdraw case against city

NAIROBI: Hawkers have withdrawn their case against Nairobi County after a High Court judge ordered that they be probed for allegedly forging court orders.

The 1,000 hawkers made an about-turn on their contempt case against senior officers of the Inspectorate department of Nairobi City County (NCC), after the High Court ordered on Friday that they be probed by the Criminal Investigations Directorate.

The traders developed cold feet after Justice Isaac Lenaola ordered their probe with a view to filing criminal proceedings against them for forging orders of the superior court.

Lawyer Muriuki Ngunjiri, for the hawkers, filed a notice to discontinue the contempt proceedings against NCC, William Kangongo, Stephen Waweru Njogu, Patrick Misigo, Charles Akoko, Jairus Basweti, Lochenia Ighot and Akass Aban. Before proceeding with the contempt case, Lenaola had been asked by NCC lawyer Titus Koceyo to have the hawkers investigated for forging court orders, which they allegedly used to remain in the streets without paying NCC levies.

FORGED LICENCES

Mr Ngunjiri said the move is pegged on Rule 27 (1) (a) of the bill of rights in the Constitution. The petitioners had sought orders to have the officers committed to jail for allegedly defying a court order barring them from arresting or kicking the hawkers out of their business areas.

"We hereby wish to withdraw and or discontinue the contempt application dated June 9, 2015 against Nairobi City County and its officers," they said. The hawkers were accused of forging two orders issued by Lady Justice Mumbi Ngugi on April 12 and 25.

"Not only have the hawkers forged court orders, but have also forged licences permitting them to display their wares at certain locations," Mr Koceyo said.

"If you see the two court orders the names are different from the ones who petitioned court," he added. Lenaola ordered the Divisional Criminal Investigation Officer to file a detailed report when the cases come up for hearing on August 28, 2015.