A Nairobi court has allowed City Hall to demolish a multi-million shilling hotel situated in the upmarket area of Gigiri.
The move deals a blow to the businessman constructing the five-star hotel who says he had obtained all the approvals.
Justice Benard Eboso however dismissed the petition by Whitehorse Investments Limited, saying the application was premature.
The judge said the businessman had failed to appeal against the County Government’s move before the physical planning liaison committee before moving to the Environment and Land Court.
The owner had moved to court accusing the Nairobi County Government of not serving them with enforcement notices requiring them to stop further construction of the hotel.
They were served with the notice on December 14, 2017.
According to the businessman, he had obtained all the required approvals from the county for the construction of the hotel on UN Avenue off Limuru Road, but was shocked when they received the letter asking them to stop further construction and remove the foundation.
He told the court the project was 75 per cent complete and that he had spent over Sh200 million on the building. The court heard that the letter from the county alleged that the construction was going on without inspection approval.
But the investor said 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 that of 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.
And if not challenged, the court heard that the owner would be condemned unheard.
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.
Mr 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 poses security risk to diplomatic facilities, including the UN headquarters.
Justice Eboso said the owner was required to ventilate his grievances through the mechanism provided and that there was nothing to show that he attempted to satisfy the said provisions.
He dismissed the case saying it was premature.
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