BY SAM ALFAN.
Nairobi County Government can now demolish a five-star hotel which is being constructed in Gigiri are after a judge dismissed the case by the owner terming it premature.
Justice Benard Eboso dismissed the petition by Whitehorse Investments limited, saying the businessman had failed to appeal against the decision by the County Government at the physical planning liaison committee before moving to the Environment and Land Court.
Nairobi County Government had served the businessman with enforcement notices December 14, 2017, requiring them to stop further construction of the hotel.
But the businessman said he had obtained all the required approvals from the County for the construction of the hotel along UN Avenue of Limuru road. He claimed he was shocked to receive the letter asking him to stop further construction and remove the foundation.
Attempt by Whitehorse Investments limited lawyer Kithinji Marete to secure stay orders pending appeal were decline despite endless effort to plead with the judge.
He told the court that , U.S embassy is behind the the demolition and they have been conduct surveillance on the top of the multi-million hotel.
The court heard that the project was 75 per cent complete and he had spent over Sh200 million in the construction. He further told the court that he had paid the inspection fee of Sh2.9 million and it was upon the County Government to undertake the inspection because it was their duty.
The proprietor maintained that the letter was malicious, unreasonable and the County was shifting the burden to him.
The building owner told Justice Eboso that the construction had not been condemned and it did not pose any risk, including health to the residents nearby.
The court heard that the hotel was being constructed with high standards by reputable contractor and supervision was being done by qualified professionals.
On its part through lawyer Harrison Kinyanjui, the County Government said the notice was issued with Section 30(1)of the Physical Planning Act and the Nairobi County building by-laws, a legal framework which is geared towards containing and controlling developments within the City.
Lawyer Kinyanjui said the Act provides for mechanism for appeal to the liaison committee, which the proprietor had ignored. He further said the owner had ignored the Physical Planning Act and was trying to use the court to propagate the impunity.
The lawyer said the proprietor had also contravened the Vienna Convention on Diplomatic Relations by putting up a five level structure which pose security risk to diplomatic facilities including the UN headquarters.
