Court Rejects Tycoon Mike Maina’s Bid to Stop Demolition of Marble Arch Hotel

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.