Court orders city tycoon to pay Sonko
Former Nairobi Governor Mike Mbuvi Sonko.
What you need to know:
- Marble Arch Hotels ordered to pay legal costs to the former Nairobi Governor for withdrawing a case it had filed against him for allegedly interfering with its operations due to ownership of land on which the Marble Arch Hotels stands.
- Hotel sought to withdraw the case against Mr Sonko since he has “ceased interfering with the ownership following his ouster as the Governor of Nairobi.”
A company associated with a city tycoon Mike Kamau Maina has been ordered by the High Court to pay unspecified costs to former Nairobi Governor Mike Sonko.
The matter is about the land on which a three-star multi-million hotel sits.
Lady Justice Lucy Mbugua ordered Mr Maina through his company Muthithi Investment Ltd to pay legal costs to Mr Sonko for withdrawing the case it had filed against him for allegedly interfering with its operations due to ownership of land on which the Marble Arch Hotels stands.
On October 19, 2023, Muthithi Investment Limited sought to withdraw the case against Mr Sonko since he has “ceased interfering with the ownership following his ouster as the Governor of Nairobi.”
In her ruling Justice Mbugua stated: “I have considered the explanation by Muthithi that respondent (sonko) is no longer interfering with the suit property after ceasing to be the Governor of Nairobi.”
The judge further noted that Mr Sonko, through his lawyer Harrisson Kinyanjui had opposed the withdrawal of the case and that he had initially objected to the hearing of the substantive on January 22, 2019 seeking to have it dismissed.
Mr Sonko had urged the court to dismiss the case for non-attendance by Muthithi Investments Limited.
But the judge said in a ruling dated February 9,2023 that it is Mr Sonko who had occasioned delay in prosecution of the case.
The judge further added: “The best course is to bring this matter to an end.”
She proceeded to allow the application by Muthithi to withdraw the case against Mr Sonko with costs to be paid to the former city boss.
Muthithi Investments will now pay costs to Mr Sonko whom it had accused of interfering with the suit property.
The judge allowed Muthithi’s plea after considering the import of Rule 27 of the Constitution on protection of rights and fundamental freedoms of individuals saying Mr Sonko is entitled to costs.
The judge also considered the provisions of Procedure Rules which regulate withdrawal of Constitutional petitions in determining the plea by Muthithi against Sonko.
Muthithi had sued Sonko for claiming a portion of the wall erected around the Marble Arch ought to be brought down for violating the Physical Planning Act and encroaching on public land.
Further, Muthithi Investments Ltd had alleged that Mr Sonko had stated in a public utterance that the land next to Marble Arch Hotel was public land known as a Fire Station, and Marble Arch Hotel had unlawfully encroached on the said land and thereby prevented an expansion of the Fire Station.
Muthithi Investments Ltd as owners of Marble Arch Hotel then filed a Constitutional Petition before the Environment Land Court (ELC) against Mr Sonko, seeking among other reliefs an order against him for alleged defamation and costs of the case.
Further, the company had asked the Environment and Land Court to declare that the land parcel on which Marble Arch stands was lawfully acquired.
Mr Sonko responded to these claims by Muthithi Investments Ltd, and stated that they had filed a defamation claim against him in the wrong forum (a Land Court) and not in the Civil Division.
Therefore he stated the ELC lacked the mandate or jurisdiction to determine any defamation allegations of a civil nature.
Sonko had defended the Nairobi City County Government's action.
But the case now stands withdrawn and Muthithi will not pursue Sonko further.
