Hawkers ordered off the streets

Hawkers leader Hamisi Dawa addresses journalists outside the county hall in Mombasa, on January 24 2014, demanding that the county government allocates them a place to conduct their business. Mombasa hawkers were dealt another blow after the High Court refused to allow them to return to the streets, on January 29, 2014. PHOTO | FILE

What you need to know:

  • The traders argued that on February 27, 2013, they agreed with the defunct Mombasa Municipal Council that they would conduct their business on the streets, and the eviction violated the Constitution since they were not issued with any notice

Mombasa hawkers were dealt another blow after the High Court refused to allow them to return to the streets, on Wednesday.

The county government kicked them off the streets on Tuesday, but they went to court under the auspices of the Micro and Small Enterprise Association of Kenya asking to be allowed back.

Lady Justice Maureen Odero advised the hawkers to consider engaging the county in talks that would resolve the standoff.

Their lawyer, Mr Shimaka Leonard, told the judge that the eviction was carried out unconstitutionally.

The traders argued that on February 27, 2013, they agreed with the defunct Mombasa Municipal Council that they would conduct their business on the streets, and the eviction violated the Constitution since they were not issued with any notice.

But the judge allowed them to serve county police commander Robert Kitur and Attorney-General Githu Muigai for an inter-parties hearing on February 5.