Posh Hotel Sonrisa in Diani Demolished Following a Land Dispute

Hotel Sonrisa in Diani, Kwale County has been demolished following a dispute over the ownership of the land on which its stands.

The multi-million-shilling property was brought down on Friday in an exercise that was supervised by armed police officers.

The dispute for the 1.9-hectare beachside property pitted Polish investor Iwona Strezelecka and Kenyan media mogul SK Macharia.

Speaking to journalists as bulldozers descended on the property, Strezelecka claimed the demolition orders presented by police were fake.

"I can't tell you what is happening. They have fake orders which are not related to us. They don't have any order relating to us or property 48," Strezelecka said.

She added: “Let me tell you… you know who is doing this? Someone who is supporting next President, Raila Odinga; his best friend S.K Macharia.”

Strezelecka, who accuses Macharia of encroachment, says she bought the land after coming to Kenya in 2007.

In court papers, the foreigner said she became the owner of plot number Kwale/Galu Kinondo/48, Diani after buying shares from Estate Sonrisa Limited, which was in possession of the land since 1991.

She later developed the beachside hotel, which had 11 guest rooms, staff quarters, a bar, a restaurant, and a swimming pool. It was opened in 2013. 

“I came as a foreign investor and got a certificate. I came here to start a new life,” Strezelecka was quoted by The Star as saying.

In a case filed at a Mombasa court in 2014, Macharia argued that Sonrisa had encroached on his property by one hectare. The claim was based on the acreage on Sonrisa’s title that indicated 0.9 hectares as opposed to 1.9 hectares.

Maps from the Survey of Kenya and documents from the Lands Registry supported this claim and the court ruled in favor of SK Macharia, according to The Star. Judge C.K Yano in the ruling delivered in June last year ordered the occupants to vacate the parcel and demolish structures erected on it.

"If the party encroaching fails to move and vacate, the party whose land has been encroached shall be at liberty after the said sixty (60) days to demolish such encroaching with the help of the court bailiff who will be assisted by the nearest Police Officer," the court ruled.