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Court rules in favour of roadside tree nursery traders

Traders dealing in plants, flowers and pots in Lower Kabete will not be indiscriminately moved as had earlier been planned by the County authorities.

High Court Judge David Majanja has directed that the 48-hour eviction notice is unconstitutional and violates the rights of the traders.

“This is a case where a notice has been issued to traders who have occupied the land since 1984. Such a notice in the circumstances is unreasonable as it does not take into account the period of occupation, nature of business or the opportunity for them to relocate,” explained Judge Majanja.

He added that the notice also faied the constitutional test in that it had not given the petitioners clear reasons why they are supposed to move.

“The reasons given as, your presence and or structures are undesirable are vague and cannot assist the traders to remedy the situation,” said the judge.

The court was also concerned that the traders were not given an opportunity to remedy or address any breaches that they may have committed. Five traders, on behalf of their colleagues who are members of Westlands Environmental Care Taker Group, had sued the County Government following the relocation notice issues recently.