Traders at Wakulima Market, commonly known as Marikiti, will no longer be evicted from the area after reaching an agreement with the Nairobi County Government.
They recorded a consent before Justice Bahati Mwamuye this week, which was adopted as an order of the court.
Negotiations were held between the traders and the county in the presence of key stakeholders: Nairobi Police Commander Adamson Bungei, Officer Commanding Station Kamukunji, and other players relating to all disputes on the Wakulima market.
From the consent, the traders agreed not to block the road. They undertook to ensure the road was accessible.
The railway line, which had been closed for refurbishments, will be reopened, and parties will work together to ensure the road and market are safe and run smoothly. Strategies will also be put in place to ensure the road is free from blockage.
The evictions of the traders from the area was part of the city hall's larger efforts to decongest the central business district.
But from the time a notice was issued by the county to the traders, protests were held, tyres burned and roads such as Haile Selassie Avenue were blocked. The traders resisted the move to relocate them, claiming no reason was issued as to why they had decided to relocate them.
The county at the same time addressed the issue, saying the relocation primarily impacted traders dealing in potatoes, pineapples, organs, and onions whose operations at Wakulima Market have worsened health risks.
Acting Nairobi County Secretary Godfrey Akumali said, “The congestion at Wakulima Market has created conditions conducive to the spread of waterborne diseases.”
He emphasized that it was their constitutional duty to ensure a clean and safe environment for all residents. A notice was subsequently issued on September 10 by the county secretary, demanding they immediately relocate to Kangundo Road Market.
What followed was a case being filed in court by All Wakulima Market Traders Association, Paul Nyaga, Dedan Mwangi, and Peter Njoroge. Nairobi City County was listed as a respondent.
The traders in their court papers claimed the stakeholders, including members of the association, were never involved in any way by the county to resolve the issues that might have necessitated the issuance of the notice.
They said the county is yet to give them reasons as to why they have decided to relocate them without notice.
They told Justice Mwamuye that the actions of the county amounted to a travesty of their constitutional rights as they will directly infringe on their right to own property.
They claimed the intended actions of the county were discriminatory.
"This is in view of the fact that there exist numerous such market stalls in several parts of the city, including but not limited to Ngong Road, Thika Road, Jogoo Road, Juja Road, and the county singling us out amounts to discriminatory practices,’ they said.
With the consent in place, the issues raised before the court have now been marked as settled.