City Businessman Patrick Nderitu has suffered a major blow after a Nairobi court dismissed his application, seeking to stop demolition of his premises by the County Government.
Nderitu, whose Pimp My Ride car wash premises has been demolished twice, wanted to stop further demolition and the county government from interfering with his business.
But Senior Resident Magistrate Patrick Muholi dismissed the application saying the court lacked jurisdiction to entertain the case. “This suit is hereby struck out for lack of jurisdiction by this court”, ruled Muholi.
The Magistrate had earlier declined to stop planned demolitions of the premises soon after he was given a seven day notice by Governor Mike Sonko’s administration. The County said the construction has not been approved. The notice was expiring on July 9 and he rushed to court two days before its expiry.
Nderitu said he was apprehensive that the county government might descend on the premises and demolish what has been erected on the controversial plot, yet he had obtained all the approvals, including building permits from the county government.
The court, however, certified the matter as urgent and directed Nderitu to serve the County Government ahead of the hearing on July 12.
Nderitu said he has been occupying the premises on the strength of a lease between him and the landlord and all was well until July 2, when he received a seven-day notice stating that the construction was illegal.
He sought orders, restraining the county government from demolishing the property and the OCS central police station to ensure compliance with the said order. While urging the court to order parties to maintain the status quo, Nderitu said he was apprehensive that the impending demolitions would be carried out on the basis of personal vendetta.
However, the Governor dismissed Nderitu allegations saying he has nothing personal against him.
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