Nairobi MCAs question legality of CBD book vendor evictions

A Nairobi County Assembly committee has questioned the legality and fairness of recent operations that saw book vendors pushed out of the Central Business District, saying the enforcement was carried out in a manner that sidelined traders and ignored proper consultation procedures.

The concerns are contained in a report by the Sectoral Committee on Justice and Legal Affairs, led by Mugumo-ini MCA Jared Akama, following complaints from book vendors, learning materials traders and newspaper sellers who accused county officers of repeated harassment despite holding valid permits and approvals to operate in the CBD.

According to the traders, enforcement teams moved in without notice and disrupted their businesses under the justification of decongesting the city centre, leaving them with losses and no clear relocation plan that had been agreed upon through engagement.

The report notes that traders also raised claims of intimidation, confiscation of goods and extortion during the operations carried out by county inspectorate officers.

“The lack of designated vending areas has forced the book vendors to constantly be in conflict with the enforcement officers, leading to bribery and extortion where the enforcement officers ask for bribes to return confiscated items or allow the vendors to continue operating,”

The committee observed that enforcement appeared uneven, with book vendors reportedly bearing the brunt of the crackdown while other informal traders continued operating in similar spaces without interference.

“There was discriminatory enforcement,”the report states, adding that the county’s actions in- fringed on constitutional rights, including dignity, equality before the law and the right to fair ad- ministrative action.

Traders further told the committee that although they were issued with relocation instructions, the backstreet areas provided were unsuitable for business due to poor conditions, insecurity and low customer traffic.

“The said spaces were allocated at a fee,” the report notes, even as traders argued that the areas could not sustain their businesses.

They added that some of the allocated zones lacked lighting and proper security, making them risky for both traders and customers.

County officials, however, defended the operations, saying the exercise was part of an effort to restore order in the CBD. Officials from the Business and Hustler Opportunities department and the markets unit said public notices had been issued directing traders to move to designated zones.

The county maintained that book vendors were expected to comply with the relocation policy and operate strictly within the assigned areas.

The committee has now recommended an immediate suspension of enforcement actions against traders until the allocation of trading spaces is verified. It also wants the county licensing department to issue permits to book vendors and learning materials traders operating in the CBD.

Further recommendations include the creation of properly planned trading zones, review of county trade laws and introduction of a code of conduct for inspectorate officers.

“The county government should halt the harassment of the traders pending verification of the trading spaces. There is also need to redesign the back lanes so that they are conducive for the traders,”the report states.

MCAs also want a county hotline and a digital reporting system introduced to allow traders report harassment and follow up on complaints.