How ‘demolish-stop’ action is revealing confusion in the judiciary

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Do you remember The Grand Manor Hotel? Had you not started forgetting about it the moment bulldozer SANY landed on it? Nairobi Governor Mike Sonko never hesitated when the Court gave him orders to go ahead and bring down the hotel. However, the owner of the hotel building erected near UN headquarters in Gigiri has obtained orders blocking further demolition of the premises.

Mr Praful Kumar, the owner of Grand Manor, obtained the orders from the Court of Appeal last week.

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Through lawyer Paul Muite, Mr Kumar argued that although part of the building was substantially damaged, he could still salvage the premises. He said about 80 percent of the building was still intact.

Justices Mohamed Warsame, Daniel Musinga and Prof Otieno Odek granted him the orders staying the demolition, pending the hearing and determination of the case.​

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Grand Manor hotel through Senior Counsel Muite and Kithinji Marete, told the court that 80 percent of the building is still standing.

Justice Benard Eboso granted Mr Kumar temporary orders on December 13, stopping the demolition, pending an appeal.

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Mr Muite said the upper part of the building was not affected and the building may be salvaged subject to expert assessment and advice.

According to Mr Muite, the intended appeal raises serious constitutional and legal issues and has high chance of success.

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