Marble Arch Hotel in Nairobi is facing demolition after the court dismissed a petition seeking to block the Nairobi County government from bringing it down
Marble Arc proprietor tycoon Mike Maina filed the petition in 2018 after former Nairobi governor Mike Sonko’s administration threatened to demolish the three-star hotel, claiming it stands on public land and that it was built without necessary approvals from the county government.
The county government went ahead to demolish a perimeter wall adjacent to the hotel saying the land, which it uses as a parking facility, was also public land. It also marked the hotel’s walls for demolition with the words ‘illegal’.
In a ruling on Monday, Environment and Land Court judge Lucy Mbugua dismissed Maina’s petition, saying the billionaire did not exhaust all available dispute resolution mechanisms before rushing to court.
“It follows that the issues raised by the petitioner sought to be addressed through the dispute resolution mechanisms available under the relevant statutes and in an ordinary suit,” Justice Mbugua ruled as quoted by Business Daily.
The judge noted that the petitioner filed the case without following the laid down dispute resolution mechanisms.
Maina wanted the court to declare that he was the legal owner of the two plots and issue a permanent injunction restraining the county government from trespassing or demolishing the hotel. He also sought Sh2 million in damages, accusing the county officials of trespass.
He told the court that he acquired the two plots in 1993 and 1995 and has been dutifully paying rates, rent, and other approvals and licenses for the properties. The Nairobi county government did not defend the case.
“The upshot of the findings of this court is that the suit is not merited and the same is hereby dismissed,” the judge said.
this is sad. Pole bwana Maina
this is sad. Pole bwana Maina
There is nothing to be sorry…
There is nothing to be sorry about here. Maina knew he was building in unlicensed public land. He probably bribed some city officials to get licenses to build. Bad decisions have every consequences.
Bring down (demolish) the illegally build structure as the judge has ordered. The courts re beginning to make fair decisions in accordance with the law.
Sorry ya nini. Both of you …
Sorry ya nini. Both of you “People of the House” and “People of Mursik” think you Can just Grab and Own any Kenyan land. This is GREED beyond Comprehension?.
Grabber Maina bought the…
Grabber Maina bought the first plot from the then local govt minister,expired thug Mudavadi and the other one from jambazi Gumo with express permission from expired muuaji Moi.Senseless Maina could not reason he was being conned by the other thugs as he paid them millions for land belonging to Nairobi fire services.Judge waMbugua should have recommended some 100 canes to this MWIZI TAKA TAKA.
Wah! Many cronies were…
Wah! Many cronies were rewarded with public lands for supporting the Moi administration.
Sometimes…. I love judiciary…
Sometimes…. I love judiciary in our country and sometimes I wonder if they are for common meanachi. For this ones….kudos judiciary for showing us watu wa Karen and Muthaiga ni same na watu wa maai mahiu ?
All people have good…
All people have good intentions but those with money tend o abuse the law more than a ordinary guy in Mai Mahiu.
The law is supposed to make every citizen equal and abiding to the set land laws every where in Kenya. At least Sonko was partially working while stealing at the same time.
Maina’s case is closed;…
Maina’s case is closed; period!Now-let the courts move fast forward to the public land where Weston hotel is build and declare the same.
The rule of law is very clear that public land will be jealously protected. The court must take stern actions to revert the stolen pieces of public land to the public fold.
There is nothing to be sorry about in this case. Good ruling by he judge. Now let all Kenyans support the decision made by the judge.
In 1993 I was persuaded by a…
In 1993 I was persuaded by a city counselor to buy from him two city plots which had been allocated to him by the then city commission. The commission headed by a Miss Wandera had been on a land subdividing and sale spree and many plots were allocated to councillors and officials to keep them quiet and compliant. Ten years later, after dutifully paying rates and other charges, I woke up to find the plots sealed off and fenced by individuals who claimed to own the land. I approached the city hall for clarification but was told that the land actually belonged to a company in Ruiru and that the whole thing was a MISTAKE and that I was free to sue if I could. I didn’t bother, I just walked away dejected, and have been licking my wounds since.. That’s corruption in practice.
How much money did you get…
How much money did you get conned? The Moi’s era created a lot land trading crooks. Ask WSR how he accumulated his ill gotten wealth.
Ruto was a close Moi corruption cooker and confidant who benefited deeply at the expense of ordinary Kenyans. That corrupt era will be revived if Ruto is elected president of kenya.
@Mwangi – You painfully did…
@Mwangi – You painfully did the right thing to walk away. It would have cost you arms and legs pursuing the same criminals telling who told you to go to court.
Hiring lawyers in kenya is also another criminal cartel enterprise. They would have colluded with the criminals who sold you the land to wipe you clean. Walking away pays off at times but it’s really painful.