Lawyer Henry Kurauka for 43 garage operators along Rabai road leaving Milimani law courts after High court blocked their eviction or demolition of their structures.
.BY SAM ALFAN.
Nairobi County Government has been halted from evicting over 43 garage operators carrying out their business along Rabai road.
Justice George Odunga, said that the notice issued by the county government for removal of the operators did not give sufficient reasons for the eviction or demolition of the structures.
The judge held the submission of the applicants’ submission by their lawyer Henry Kurauka to effect that the operators were not given an opportunity to defend themselves as required by law.
The court was satisfied that the applicants had established a good case against the county government which must be determined before any action is taken.
Justice Odunga granted the applicants leave to file a substantive motion seeking to quash the decision of the county government o removal them from their place of operations.
Mr Kurauka told the court that the county ought to have given the applicants sufficient notice not seven days which expires today.
The seven days are unreasonable and unlawful given that the applicants depends from the site or their daily bread.
The lawyer told the judge that the applicants have paying for business premise sh 15000 for the single permit which duly approved and will on December 2015.
He said the applicants registered their business in 1989 and were granted permits which is required for the registration, saying the county government has illegally and maliciously purported to remove them from site to pave away for private operator to take new development which expansion of a local church.
The county government failed to inform the applicants of its intended unlawful actions in a legal and proper manner having been premise for many years now.
The court directed the respondents be served with application and the matter be heard inter parties on June 25.