HIGH COURT BARS KABOGO FROM EVICTING TRADERS...

The High Court yesterday restrained the County Government of Kiambu from evicting Madaraka Market traders pending the hearing and determination of a Sh64 million compensation case filed by Thika Town MP Alice Ng’anga and Kabete MP Ferdinand Waititu over a suspected arson attack.

In his ruling, Justice Weldon  Korir said and I quote, 
“An injunction to forthwith restrain the sued parties from evicting the traders and that no such evictions should be conducted at night, during public holidays, before any county or national elections is hereby issued.”

In a suit filed by Lawyer Harrison Kinyanjui, the two legislators had claimed that the more than 5,000 traders suffered psychological damages following the November 22 arson attack which left many of them out of business. 

They allege that the recent arson attack was a plot by the county government to evict the traders since it was allegedly conducted under the watch of security officers.

They had also accused Kiambu Governor Hon. William Kabogo of harassment and wanted him ordered to record a statement with the Thika OCS on the arson claims, the arsonists and the cartel operators behind the fire that gutted down the market.

While responding to the suit filed by the two legislators, Hon. Kabogo wanted no reprieve order to be granted considering the fact that there were other existing cases on the matter.

He also wanted Hon. Waititu excluded from the matter. He also argued that the suit did not show any personal direct cause of action against him or his county government.

However, both parties agreed that all the other pending court cases on the matter be joined and a single date for hearing the matter fixed.

Madaraka Market has been a theatre of chaos and business disruptions this year with different factions each time moving to court either blaming Ms Ng’ang’a or Mr Kabogo over rowdy youth attacks in the market.

Previously, the Kiambu County Government issued a directive locking down the said market over claims that the traders had failed to pay their annual rates, a decision which caused riots and left three people nursing gunshot wounds.

The cases will be mentioned on December 29.
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