A woman in Diani is among a number of hoteliers counting their losses after their property was demolished on Friday.
In a video that has since gone viral, the Caucasian lady is seen complaining about the demolition, terming it illegal.
“I can’t tell you what is happening. They have fake orders which are not related to us. They don’t have any order relating to us or property 48,” a woman who identified herself as the owner of the hotel told journalists.
A Diani based hotelier is complaining of losses caused by a forced demolition and eviction allegedly by SK Macharia without any court orders pic.twitter.com/gmgb82cg82
— MVITA1 (@2022FK) February 18, 2022
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It has now emerged that the demolitions happened after a court battle involving Royal Media Services (RMS) chairman S.K Macharia and Estate Sonrisa over the ownership of the property located in Kwale county.
Reports indicate that court documents showed that Judge C.K Yano had ruled in favour of the media mogul in a ruling delivered in June 2021.
In the ruling, the judge ordered the occupants to vacate the parcel of land and demolish the structures they had erected on it.
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The court further ruled that the occupants pay survey fees and personally undertake the demolitions of structures encroaching on the other party’s land within 60 days.
“If the party encroaching fails to move and vacate, the party whose land has been encroached shall be at liberty after the said sixty (60) days to demolish such encroaching with the help of the court bailiff who will be assisted by the nearest Police Officer,” the court ruled.
“In default, the 1st respondent in this appeal shall with the help of a court bailiff and assistance of police demolish all structures thereon. The cost of such demolition shall be borne by the said,” the ruling indicated.
Read: RMS Bans Its Staffers From Undertaking Side-hustles
The court also ordered that both parties leave a public path accessing the ocean between the land parcels be left unoccupied.
In his ruling, the judge said he had been able to trace the legitimate land ownership.
“I have traced the history of this land Galu/Kinondo/50 in detail from its inception and allocation to Bakari Mohamed Mwatete to its transfer to Peter Nganga Kamande and Wilson Burugu Gitau and transfer of 1⁄2 share of the same from Wilson Burugu Gitau to Peter Nganga Kamande on 20th May 1981 and transfer of Peter Nganga Kamande to Samuel Kamau Macharia on 20th May 1981 both entries being shown as entry five (5) and six (6) in the land registry.The plaintiff still has the original title deed.” Justice Yano stated.
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