Nanyuki traders accuse county of breach of trust in stalls row

Some of the 126 kiosks at the Nanyuki main bus stage that have now been occupied by traders after waiting for nine years due to a court case. A fresh controversy has erupted even before the Laikipia County government begins the second phase of the project set to benefit the remaining 144 traders. PHOTO | MWANGI NDIRANGU | NATION MEDIA GROUP

What you need to know:

  • Mr Ndung’u said several new kiosks were hurriedly constructed last week and allocated to allies of senior people in the county.

  • 144 traders are set to benefit in the second phase of the project.

  • They are accusing the county government of disregarding an agreement reached in court before the withdrawal of the court case.

A fresh row has erupted between the Laikipia County government and traders who contributed millions of shillings for the upgrading of business stalls in a public-private partnership initiative.

Some of the 270 traders who parted with a total of Sh32 million towards the kiosks upgrading project claim the county government is acting in breach of a consent order that was deposited by the two parties at the High Court in Nanyuki.

The order was signed by Deputy Governor John Mwaniki on behalf of the county government and Mr Sammy Ndung’u for the traders.

Early this month, 126 traders who were beneficiaries of the first phase of the project demolished their timber structures at the Nanyuki main bus stage and occupied the storey building, bringing to an end a nine-year-old legal tussle.

But the remaining 144 traders who are set to benefit in the second phase of the project are accusing the county government of disregarding an agreement reached in court before the withdrawal of the long-running court case.

KIOSKS ERECTED

Mr Ndung’u said several new kiosks were hurriedly constructed last week and allocated to allies of senior people in the county government and who are not party to the initial arrangement.

This, he said, is likely to jeopardize plans for the construction of stalls for the remaining traders in the second phase of the project with fears that some non-members would be brought in and genuine traders left out despite each of them having contributed Sh120,000.

A consent order that was filed in the High Court states that the two parties will consult during allocation of the first and second phase of the project.

NOTICE

The traders have threatened to go back to court and have already notified the county government of their intention.

“Take notice the cases in court are still alive and our clients reserve the right to go back to obtain the necessary orders at your own risks as to costs,” reads the notice to sue issued by lawyer Kebuka Wachira on behalf of the traders.

However, the county Trade and Co-operatives Executive Biwott Tirop told the Nation that the county government is not obliged to consult the traders during the second phase of the kiosks upgrading project.

“The county government is financing this project fully. So, it is not mandatory that we consult the traders or to seek their consent on how we undertake the second phase; after all the money they contributed and deposited with the defunct municipal council was exhausted long time ago,” said Mr Tirop.