Reprieve as Eldoret court halts plan to evict hawkers

By Faith Ronoh

Eldoret, Kenya: A county government suffered a setback when a court overruled an order to evict hawkers from the town centre.

The vendors Tuesday obtained a permanent injunction from an Eldoret Magistrate’s Court stopping the Uasin Gishu County Government from evicting them.

The vendors moved to the court following a 14-day notice issued on May 6. In the injunction, the court restrained the county government from removing, evicting, harassing or interfering with their businesses pending the hearing.

“The defendants 14 days notice issued on May 6 be and is hereby declared null and void,” read the order issued by Principal Magistrate Francis Kyambia in part.

He ordered the county government to put in place a plan to relocate the hawkers to designated areas as per the spirit of the transition to devolved government.

The magistrate further ordered the area OCPD to ensure compliance of the order to avoid harassment of traders pending the hearing of the main suit. He also directed that the county government pays the costs of the application.

Earlier this month, the county government had been engaged in a stalemate with the small business operators in the town over removal of their structures from road reserves at the traders’ cost.

The county authorities also withdrew all occupation licenses issued to the traders as a move to re-organise the CBD.

“Notice is hereby issued to all structure owners operating on the road reserves that the Temporary Occupation License is hereby withdrawn,” read in part the notice signed by the county Interim Secretary Fredrick Wakofula.

Tuesday, Deputy Governor Daniel Kiprotich said they would “respond appropriately” including filing an appeal, once the order is served.

Ruined reputation

Mr Kiprotich said the hawkers had not only become a menace but breached a previous agreement between them and the former Eldoret Municipal Council to start their operations from 7pm.

“Today Eldoret is a mess because they operate during the day inconveniencing other businesses and also choking the town with congestion,” he added.

Central Organisation of Hawkers Association Kenya Secretary General Gerald Mutakha however welcomed the court order saying it had saved genuine traders from being kicked out.

“We also support the magistrate’s order that the county government organises these businesses. This is what we have been fighting for because we have individuals who have ruined our reputation by operating haphazardly,” he said.