Several traders at one of Kenya’s largest open-air markets Gikomba are facing imminent eviction.

This comes after the court has given Nairobi Metropolitan Services the green light to evict them.

The traders who chiefly deal with second-hand clothing in a section of the market will be evicted to pave way for the expansion of Pumwani Majengo Health Centre.

The traders had filed an injunction requesting the court to issue an order to stop the evictions and demolitions of their trading places.

However, Justice Ogutu Mboya said granting the traders’ request would impede the expansion of the health facility and the realisation of Universal Public Health.

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Ogutu said the traders’ right to fend for themselves does not override NMS’ rights to expand the facility.

NMS earmarked the area for expansion and upgrade of the Health Centre into a Level Three Hospital.

The traders lamented that they have been conducting their businesses in the disputed area of the Gikomba market for over 40 years and prayed for the court to stop NMS from interfering with them until their case is heard.

Speaking through their leader Francis Kimathi Mutisya, the 174 traders at the affected area called Gacucu within the market said the demolitions will destroy their sources of income and lives.

The Deputy Director in charge of lands at NMS Stephen Mwangi said the Gacucu area in dispute falls within the hospital.

Mwangi stated that the traders have encroached on the area which is necessary for the expansion of the medical facility to enable it to cater for the growing health care demand because of the COVID-19 pandemic.

He also said that not only have the traders encroached on public land but they have also blocked access to the health facility and its sewer system.

"As a result of the Covid-19 pandemic, there has been a growing need for medical services and hence there has arisen the necessity to upgrade the medical facility to Level Three Hospital. Consequently, the expansion is extremely necessary and so the recovery of vacant possession of the suite property is needed to facilitate the upgrade," said Mwangi.

The court said the traders have a right to eke living although not on public land.

“ I affirm their rights to earn a living and livelihood, it must however be noted that the petitioner's rights to do so are not absolute. In this regard, it suffices to observe that the right to earn a living and carry on business is one which is subject to the Limitation under Article 25 of the Constitution," Mwangi added.

However, the court said that in pursuit of recovering and utilising the public land, NMS is obliged to issue and serve the trader with the necessary notices.

The judge said there being no permanent structures in the open-air market, the traders can relocate elsewhere voluntarily and avoid irreparable losses.