The government has been ordered to pay Marble Arch Hotel owner Mike Maina Kamau Ksh859 million as compensation for demolishing his Spring Valley home to pave the way for a road.
High Court Judge Justice John Mativo has directed the Principal Secretary in the Ministry of Transport and Infrastructure as well as the Attorney-General to ensure the tycoon receives Ksh847,277,351 for the demolished property and Ksh12,259,342 as the cost of the case.
Mr Kamau’s eight-bedroom mansion was demolished during Franklin Bett’s tenure as the minister for Roads, with the aim of building a by-pass (Waiyaki Way-Redhill link road) in Spring Valley Estate, Nairobi.
In 2017, Mr Maina was awarded Ksh711 million but the payment was delayed, forcing him to move to court to seek speedy compensation, including interest.
In state’s defence, Paul Maringa, the Principal Secretary for Infrastructure, said Mr Maina’s property sat on land that was part of a road reserve, and that there was a pending appeal against the award.
“It is a known principle of law that an appeal of a judgment by the unsuccessful litigant does not prevent the successful party executing the judgment immediately. Ideally, the unsuccessful party should apply for a stay of execution after judgment is delivered from the court issuing the decree and if unsuccessful from the court to which the appeal is preferred,” said Justice Mativo.
The home was built in 2007 at a cost of Ksh299 million, according to Mr Maina. He however had not occupied the palatial home before it was demolished.