Environment and Lands court has dismissed a petition by a Nairobi mogul seeking to block Nairobi county from demolishing the Marble Arch hotel.
According to Justice Lucy Mbugua, Mike Maina did not drain available dispute resolution apparatus before moving to court.
“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,” said Justice Mbugua.
Former Nairobi governor Mike Sonko had threatened to demolish the said three-star hotel on grounds that it was built without any approval from the county government.
Sonko also argued the hotel was built on public land. This prompted the tycoon to move to court back in 2018.
Maina wanted the court to declare that he was the legal owner of the two plots and grant him a permanent order.
The order, according to Maina, would restrain the county government from trespassing or demolishing the hotel.
Maina revealed to the court that he had acquired the two plots in 1993 and 1995 and had been running the hotel since 1993 while using the adjacent plot as a car park.
The businessman further said he has dutifully paid rates, rent and other approvals and licences for the properties.
Maina also sought Sh2 million in damages, accusing the county officials of trespass after Sonko demolished a perimeter wall adjacent to the hotel saying the land, which the tycoon uses as a parking facility, was also public land.
The tycoon argued that planned demolition did not have a basis, and it was an infringement on his rights to own property.