A group of traders operating under Kitale Bus Park SACCO have accused the Trans Nzoia County Government of allocating 167 stalls at Muliro Modern Market to new occupants despite a court decree directing the premises to be returned to them.
SACCO chairman Frederick Sabula Wafula, the traders claim county officials are reallocating the disputed stalls, including 18 canteens, before resolving a dispute settled by the Environment and Land Court in July 2022.
The traders want Governor George Natembeya’s administration to implement the July 25, 2022, consent decree directing the county to surrender the stalls to the original occupants.
“We have waited since July 25, 2022, for our stalls to be returned. The court directed that we be given back our spaces, but the county government is now allocating the spaces to other people before addressing our grievances,” Wafula said.
Wafula alleged that county officials had conducted public participation on the allocation of the stalls despite objections from the original occupants before proceeding with the allocation on Sunday morning.
He said 331 SACCO members depended on the disputed businesses for their livelihoods, warning that the continued delay was exposing them to economic hardship.
The SACCO was formed in 2016 after demolitions disrupted traders’ businesses during former governor Patrick Khaemba’s administration.
The traders subsequently moved to court seeking to protect their interests and recover the premises.
Natembeya Defends Allocation Exercise
Natembeya said the allocation exercise would not be repeated, arguing that the designated spaces were intended to accommodate more traders.
“A real trader should not complain about the size of the space allocated since the space is meant to ensure more traders are accommodated,” the governor said.
Court Decree at the Centre of Dispute
Court documents show that the dispute was settled by consent before Justice Fred Nyagaka on July 25, 2022.
The decree directed the county government, named as the first respondent in Constitutional Petition No. 3 of 2022, to provide the petitioners with 167 stalls at Kitale New Bus Park, including 18 canteens.
The petition also involved the Ministry of Lands and Physical Planning, the Attorney General and the National Land Commission.
The traders had challenged the handling of public participation, registration and allocation of stalls at the bus park, seeking protection of their rights to information and participation in decisions affecting their businesses.
