Kisumu traders aghast over Otonglo Market demolition

Traders at a market in Kisumu County have protested its demolition on Saturday night to pave way for a road.

Nearly half of Otonglo Market, on the Kisumu-Busia road, was destroyed. The market, whose name was coined from the popular use of ten cents as bus fare from the Kisumu CBD when the lakeside town was born, is located a few kilometres away from the Kisian junction.

Shop owners lamented not being given advance notices by the Kenya National Highways Authority (Kenha).

To their dismay, the affected land parcels either have title deeds from land adjudication or leasehold agreements with the county government.

The owners of the affected plots said they have been paying land rates with some having active trade licenses expiring in December this year.

All this was lost on Saturday night in an exercise that saw more than 200 police officers deployed to secure the area.

Retail shops, bars, flour mills, factories and petrol stations were flattened.

However, in a letter to the Kisumu county commissioner on August 26, 2014, the road authority, while requesting for security personnel to accompany the demolishers, said the action would enable the contractor build proper drainage as well as improve the visibility of the road.

Structures argued to be on the road at Nyamasaria had been pulled down last month in similar circumstances.

Michael Ngala, the acting Kenha regional manager for Nyanza, stated in his letter that the demolition was in line with section 49 of the Roads Act 2007.

Mr Ngala specified section 49 (5) of the Act which says: “If the person to whom a notice has been issued fails to remove their structure… within the period stated therein, such item may be removed by the Authority itself.”

COMPENSATION

Michael Nyaguti, a resident, said they were not opposed to the construction of the road but demanded that they be compensated for their losses.

He told the Nation at the site of the demolition that they would go to court on Monday to demand full compensation for the property destroyed.

“We dispute the measurement of the required 60 metres; the demarcations are beyond the required road reserve lengths,” said Mr Nyaguti.

J.M. Patel, the Tuffoam Mattresses managing director, said a fence he had just put up after a team of surveyors from the authority demarcated his land was also destroyed.

“We should have been notified so that we remove the wall that has now been run down,” he said.

Mr Patel said he incurred a loss of Sh50 million in value of land that might translate into job losses at the firm.

“We are ready to cooperate with them. But let the demolition be uniform,” said Mr Patel.

FAMILY LAND

Dr Ouko Harrison, the administrator at Port Florence Hospital, said they had a rough night pleading with the demolishers as they could not move patients admitted to the roadside hospital.

“We also had people admitted at the casualty following a gun attack; we have been given two weeks to leave. What happens with the title deeds that some of the affected entities have which indicate they were justified to hold the pieces?” he asked.

A bar owner, Nobert Ouko, narrated how they had to rush some 30 patrons that had booked rooms out of the building to avert loss of lives.

“We have run this business form more than 25 years. The notice of eviction was not given. This is all we had as a family since our father died,” he said.

David Ochola said his shop that was demolished rested on his father's ancestral land.

He said he was only given a hint by the area chief at around 6pm that his building that housed a bar, 6 shops and lodging was set for demolition that night.

“What can you salvage within such a short time? Where will I get another Sh50 million to put up a similar enterprise?” he asked.

Area MP Olago Aluoch had asked the authorities to stick to the required 30 metres from either side of the centre of the existing road.

But the roads authority argues that the extra 30 metres was because a railway line that runs beside the road also needs its reserves set aside for future expansion.