Mombasa court stops opening of Kombani market in Kwale
The High Court in Mombasa has issued orders barring the
opening of Kombani Market in Kwale County, pending the hearing and
determination of a petition challenging its operation.
Lady Justice Njoki Mwangi made the ruling on Thursday
following a submission by End to End Limited Company, the firm that was
contracted to construct the Ksh.120 million market.
Justice Njoki ruled that the Kwale County officials
including the Chief Officer and the CECM of Trade and Enterprises Development,
be prohibited from accessing the market premises.
“Upon reading the Notice of Motion application dated 13
October 2022 it is hereby ordered that pending the hearing and determination of
the Application dated 13 October 2022, the status quo pertaining as of today
shall be maintained,” read the court documents.
“For the avoidance of doubt, there shall be no opening, no
launching, no entry into premises of the Market in issue by the respondents or
anyone acting on their instructions.”
In the same light, the court directed that the County’s
Regional Commander of police oversee the execution of the court orders
inclusive of ensuring peace and order.
“The Regional police commander and the regional police
commissioner are directed to ensure that the above Orders are enforced and that
peace is restored in the Market which forms the subject of this Application
namely, the Fresh Produce Wholesale Market at Kombani-Waa Ng'ombeni ward in
Kwale county,” stated the judge.
Last week during the opening of the court, chaos emerged
over a disagreement between the Contractor and the County officials.
Residents also went up in arms protesting delays in the opening of the modern market despite being completed over two years ago.
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