In Summary:

  • Court has allowed Gikomba traders to file afresh suit challenging the decision by the Nairobi County Government to demolish their business premises.
  • The court noted that allowing them to amend the petition would be prejudicial to the other parties.

The high court has allowed Gikomba traders to file afresh suit challenging the decision by the Nairobi County Government to demolish their business premises saying that they are in riparian land

This is after the court has declined their application to amend their original court papers.

The court noted that allowing them to amend the petition would be prejudicial to the other parties.

They argue that they had filed the other matter without a lawyer and proper legal advice, thereby not including all their evidence in the original suit.

Further, the Judge wanted to know from lawyer Sammy Aswani Opande why Nairobi county is frustrating the mwananchi.

“We are looking at how my client and the ordinary mwananchi will agree However I have no instructions, decisions are made by my committees, and my client would want the best for the common mwananchi,” said the lawyer

The court allowed the traders to allow the earlier suit to file a fresh one by the close of business today.

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