This archive report was first published on 16 December 2019.
On December 14, 2017, the Nairobi County Government issued enforcement notices to the developers of the Grand Manor hotel, requiring them to stop further construction of the hotel.
Despite this, the hotel's proprietor, Mr. Praful Kumar, continued with the construction, claiming that he had obtained all the required approvals from the County and had paid a Ksh 2.9 million inspection fee.
However, the County Government argued that the hotel's construction was in violation of the Physical Planning Act, and that Mr. Kumar had failed to appeal against a decision made by the physical planning liaison committee of the Nairobi county government.
On December 16, 2018, the Environment and Lands Court ordered the demolition of the hotel, which was subsequently carried out.
Mr. Kumar then filed an appeal with the Court of Appeal, arguing that the demolition was unjustified and that he had fulfilled all the conditions for the construction of the hotel.
However, the Court of Appeal has now dismissed the appeal, ruling that it lacked merit and ordering the Nairobi County Government to recover costs.
Justice Bernard Eboso, who presided over the case, stated that the proprietor ought to have appealed against the decision of the physical planning liaison committee before moving it to the Environment and Lands Court.
