Car dealers have received relief after a court barred Mombasa County Government from driving them out of the Central Business District.
Justice Eric Ogola of the Mombasa High Court ruled that the car importers were not involved in the decision-making process by the county government.
"Until such a time public participation has been done, the car importers cannot be evicted, removed, or relocated from the CBD," said judge Ogola.
Further, Justice Ogola ruled that the county government breached Article 47 of the constitution and provisions of the Fair Administrative Act which stipulates that every person is entitled to administrative action that is fair, efficient and in accordance with the law.
"This court finds and holds that the car dealers are entitled to take proactive actions to prevent the abrogation of a right or a fundamental freedom as stipulated in the constitution," ruled Justice Ogola.
The judge, however, did not issue a permanent injunction to bar the county government from driving them out of the CBD.
Car Importers Association of Kenya (CIAK) had moved to court to challenge the ouster citing that they had received threats from the county government to relocate from the CBD to Miritini near the Standard Gauge Railway (SGR), Mombasa terminus.
They argued that the move would hamper their businesses as their clients primarily have ease of access to the CBD. The new relocation place, Miritini is about 12 kilometers from the CBD.
CIAK also argued that the county had allegedly restricted them from accessing the single business permits in order to force them to move to Miritini.
According to the importers, the city county government had been harassing them by charging them with the offense of trading without a trade license yet they had been denied trade licenses.
Mombasa county government disputed the allegations citing that the importers had been given enough time to relocate.
