Court dis­misses hawk­ers’ plea to sell wares on Moi Av­enue

Lawyer Ko­ceyo says if they are al­lowed to op­er­ate with­out con­trol, it would cre­ate a chaotic en­vi­ron­ment and sub­ject other road users to un­due in­con­ve­niences

The Star (Kenya) - - Counties - ALPHONCE MUNG’AHU @TheS­tarKenya

The com­mer­cial court yes­ter­day dis­missed a plea by 500 hawk­ers to stop the city county askaris from bar­ring them from do­ing busi­ness on Moi Av­enue.

The court said the hawk­ers can­not be al­lowed to “op­er­ate from all cor­ners of Moi Av­enue or Tom Mboya Street.”

County lawyer Ti­tus Ko­ceyo said the hawk­ers’ did not state “the ex­act ar­eas they were li­cenced to op­er­ate on Moi Av­enue, which stretches from the Rail­ways head­quar­ters to Cen­tral po­lice sta­tion”.

He said if hawk­ers’ are al­lowed to op­er­ate with­out con­trol “it would cre­ate a chaotic en­vi­ron­ment and sub­ject other road users to un­due hardships and in­con­ve­niences”.

Lawyer El­iz­a­beth Karanja, for the six hawk­ers’ rep­re­sen­ta­tives, had urged chief mag­is­trate Peter Muholi to re­strain the askaris from in­ter­fer­ing, ha­rass­ing, in­tim­i­dat­ing, un­law­fully ar­rest­ing or con­fis­cat­ing hawk­ers goods.


She said the hawk­ers had ob­tained li­cences from the county gov­ern­ment to sell in des­ig­nated ar­eas.

The hawk­ers said the li­cences al­low them to op­er­ate at ‘plot zero’, which is the whole stretch of Moi Av­enue and Tom Mboya Street.

But Muholi said county gov­ern­ments are man­dated to en­sure a good busi­ness en­vi­ron­ment for all traders. “Their of­fi­cers are tasked with en­sur­ing there is or­der,” he said.

Muholi said any loss suf­fered by the hawk­ers can be reme­died through da­m­ages. He ad­vised them to en­gage the li­cenc­ing agency on ap­provals and al­lo­ca­tion of ar­eas for do­ing busi­ness.

“The loss that would be oc­ca­sioned on the other users of the af­fected streets would be more im­mense and on a bal­ance of con­ve­nience the scales of jus­tice would tilt in favour of the city county, which is tasked with the re­spon­si­bil­ity to en­sure law and or­der is main­tained,” Muholi said.

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