The high court has suspended ongoing demolition of a grand manor five-star hotel situated area of Gigiri for seven days pending appeal.
Justice Eboso issued limited conservatory suspending the process pending appeal.
“Conservatory is hereby issued to remain in force for seven days during which period the applicant will file an appeal and seek appropriate interim relief in the appellate court,”. Ordered Eboso.
The court further suspended the enforcement notice.
“The material enforcement notice is accordingly suspended for seven days,” court ordered.
Whitehorse Investment Limited through lawyer Kithinji Marete, told the court Nairobi County Government descended on the suit property last night with bulldozers and embarked on demolition of the property.
“The applicant urges the court to conserve the property pending either of the two options. Its position is that only a portion of the property has been demolished,”. Marete.
Lawyer Kithinji told the court that, there is grave danger that the Respondent will move to effect the notice and effectively interfere irreversibly with the property comprised as NAIROBI/BLOCK 91/239.
He urged the court to stay the orders pending the filing of an appeal from the decision of 11th December, 2018 delivered by Justice Eboso, this Court be pleased to grant an interim conservatory order restraining their agent, representative,assignees from interfering with the property registered as NAIROBI/BLOCK 91/239.
Court on Tuesday gave go-ahead to demolish a five-star hotel which is constructed in Gigiri that belongs to businessman Praful Kumar 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.
