Public coffers are set to lose Ksh 859 million. The recent development has come after Mike Maina Kamau ,owner of the luxurious Marble Hotel, successfully petitioned the court and secured compensation for his property. Recently, the billionaire had been under fire demolishing properties in Kayole.
From the court documents, intricacies of the suit are that in 2007, the petitioner had started construction of a palatial home on a land that he had purchased for Ksh 80 million. The house was yet to be completed albeit he revealed to the court that Ksh 299 million had already been expended before the house was demolished.
It is this build up that led the sequestered tycoon to sue the Kenyan government in connection to his demolished mansion that was located in the posh neighborhood of Spring Valley at Westlands Constituency in Nairobi County. The eight-bedroom mansion had been demolished to pave for for the construction of the Nairobi Western ByPass i.e Waiyaki Way-Redhill link road.
In a ruling delivered at Milimani High Court, Justice John Mativo ruled against the Principal Secretary in the Ministry of Transport and Infrastructure as well as the Attorney General. He issued a decree order that would see the tycoon awarded Ksh 847,277,351 as payment for the demolished property and Ksh 12,259,342 as costs of the suit.
Although, the court had awarded the billionaire compensation of Ksh 711 million in December 2017, failure by the transport ministry to settle with Mr Maina has seen the compensation awarded with interests that total to Ksh 148 million or thereabouts.
In a rejoinder, the transport ministry cited that an appeal of the decree judgment had already been lodged and henceforth it could not fulfill the Ksh 711 million compensation as the matter was still in court pending hearing and determination. Therefore, settling with Mr Maina at that moment would have been injurious to taxpayers.
Moreover, according to Mr Paul Maringa, the Principal Secretary for Infrastructure, in his knowledge the tycoons house was located on a road reserve and hence the appeal had high chances of success. The PS stated that the land had been acquired in the early 1970s by the government for the purpose of building the link road which would cover a distance of 4.4km traversing through Grevilla Groove, Kyuna Road, Loresho Ridge, Spring Valley Road, Kitisuru Road and Ngecha Road. And by this foregoing, Mr Maina had acquired the land unlawfully through fraud, misrepresentation and mistake.
However, Justice John Mativo dismissed the state’s argument. He asserted that an appeal does not imply suspension of courts judgments unless a judge had imposed orders to that effect.
“It is a known principle of law that an appeal of a judgment by the unsuccessful litigant does not prevent the successful party executing the judgment immediately….Ideally, the unsuccessful party should apply for a stay of execution after judgment is delivered from the court issuing the decree and if unsuccessful from the court to which the appeal is preferred,”said Justice Mativo.
Mahakamani News is Kenya’s top court reporting and crime coverage website. If you have a case that needs coverage, or if you are facing injustice from powerful forces, fired unfairly or reporting any corruption or relevant news pertaining judiciary etc please contact us via email@example.com