The High Court has refused to grant orders to reopen Kalembe Ndile’s Macha Beach Hotel in Machakos, citing health reasons.
Delivering the ruling, Justice George Odunga of the High Court said the enforcement of public health and environmental laws was in public interest and should not be subjugated to the private right of a profiteering businessperson.
The hotel was closed in June by Machakos governor Dr Alfred Mutua prompting Nairobi governor Mike Sonko to stage protests demanding the release of staffers who were arrested during the raid.
Press Secretary and Communications Director of Machakos county Mutinda Mwanzia in a statement said that the hotel was closed down following its failure to comply with the public health and environmental standards set by the county.
Governor Mutua termed the hotel as a health hazard and “cholera time bomb”.
“We are, however, saddened by the impunity being exhibited by some of the business owners, in particular, one Hon. Kalembe Ndile, the owner of the proprietor of an establishment Macha Beach in Machakos town which our health and environmental experts believe may be a cholera time bomb,” the county said in a statement.
The county government noted at least six health hazards posed by the hotel, among them a pool which the county termed as a breeding point for mosquitoes.
The facility was also said to be on riparian land and does not have a defined toilet system.
The Mutua-led government also said the club is located next to schools without noise control system and is on a building not proved as required by the Physical and Planning act.
The hotel which also hosts a club was accused of operating without a valid liquor license.
The hotel is also said to have been operating without a valid food hygiene license.