Siaya Senator Dr. Oburu Oginga, together with a member of the public, Dickson Oruko Oburu, has submitted a petition aimed at halting the establishment of a second-hand clothing market in Bondo Town.
The pair, represented by their attorney Sylvia Nyambeki, successfully secured an injunction from the Siaya High Court, which prevents the Siaya County Government from advancing with the development of the proposed Mitumba market.
This case, filed under a certificate of urgency at the Siaya Environment and Lands Court, was approved by the presiding judge, Justice Edda Dena.
This legal move follows shortly after Siaya Governor James Orengo initiated the construction of the facility on May 5, 2025, intending to create a more favorable environment for traders dealing in second-hand clothing, commonly referred to as mitumba.
On May 27, 2025, Lady Justice Edda Dena ruled that, due to the urgency of the situation, the current status of parcels Bondo Township/58 and Bondo Township/59 as of May 26, 2025, must be preserved.
She also instructed that no additional construction or development should occur on the aforementioned parcels until the court issues further instructions.
Dr. Oburu and Mr. Oruko, identified as the first and second plaintiffs, respectively, indicated in their affidavits that they legally acquired a 99-year lease for the parcels, effective from July 1, 2024.
The Siaya County Government is named as the respondent in this lawsuit, while the National Land Commission is recognized as an interested party. In their claim, the plaintiffs allege that the county government has encroached upon their legally obtained land without adhering to the appropriate procedures.
They also contend that traders have been informally utilizing the parcels for business activities.
The Environment and Lands Court is set to provide further directions regarding the case on Friday, May 30, 2025.
