Kitui merchants lose
bid to move wares from
By Martin Masai
Mount Kenya Wholesalers today lost another application in the High Court over the closure of their premises due to Public Health concerns.Justice J Kemei, sitting in Machakos rejected an impromptu application made on the floor of the court seeking orders to remove all food stuff detained at the warehouse to Matuu in Machakos County.
The merchants has moved to court exparte, seeking orders to compel the Kitui County Government to open the warehouse and reinstatement of their trading license. When the matter came up in court today, a battery of lawyers led by James Orengo, Davidson Makau, Saili Malonza and County Senior Counsel Marianne Matuvi informed the court that the Kitui Government had filed a Constitutional reference for a Judicial Review to determine whether the application by the merchants could be heard while a constitutional reference case was still pending.
Judge Kemei ruled that the matter be heard on August 27 before Justice Lilian Mutende. When the merchants realized that they would not get favourable orders, Mr C Ndegwa, representing Mt Kenya Wholesalers shot up and applied that they be granted orders to remove their wares and move to Matuu town where they also operate a wholesale shop.
Mr Orengo again objected, saying that there were great fears that the contaminated food that led to the closure of the store may find its way to Kitui, defeating the initial action of Public Health Officers.
Judge Kemei ruled that the status quo be maintained- meaning that Mount Kenya Wholesalers warehouse in Kitui will remain shut till furthert orders are given on August 27,2018.
Last week the High Court dismissed another application challenging the closure of Mount Kenya Wholesalers by the County Government of Kitui. Justice George Odunga, sitting in Machakos threw out the case terming it as incompetent.Justice Odunga said the applicant in the matter- Mr. Simon Mwangi had distorted material facts about his status in the matter, misleading the court to grant him leave to proceed with the application.
“In the circumstances of this case. It is my view (that) the correct entity which should have brought these proceedings should have been Mt Kenya Wholesalers and not the ex parte applicant” (Mr. Mwangi), the Judger said.
He explained “In the pleadings filed in court, the ex parte applicant presented himself as the aggrieved person. There was no averment at all that the company could not act on its own name. The ex parte applicant for example stated that it was in fact him who applied for the license and it was him who was issued with the license. It is now clear that the license holder was in fact the company.
Mr. Mwangi went to court ex parte with six prayers seeking to compel the Kitui Chief Officer Finance Mr. Enoch Nguthu jointly with his Health and Sanitation counterpart Dr. Richard Muthoka and the County Government of Kitui to unlock Mount Kenya Wholesalers premises that was closed down on August 3 2018 for failing to meet minimum Public Health requirements. They also sought reinstatement of their trading license.
