A Nairobi magistrate has declined to stop planned demolition of garage built where Simmers Club once stood.
The owner of Pimp My Ride East Africa garage sought the court’s help on Tuesday fearing demolition because a notice given to him by the Nairobi County government expired on July 9.
The owner, Mr Peter Nderitu, said he was apprehensive that the county government might descend on his business yet he had obtained all the approvals, including building permits from the county government.
The court, however, certified the matter as urgent and directed Mr Nderitu to serve the county government ahead of the hearing on July 12.
SEVEN-DAY NOTICE
Mr Nderitu said he has been occupying the premises on the strength of a lease between him and the landlord and all was well until July 2, when he received a seven-day notice stating that the construction was illegal.
He sought orders, restraining the county government from demolishing the property and the OCS central police station to ensure compliance with the said order.
While urging the court to order parties to maintain the status quo, Mr Nderitu said he was apprehensive that the impending demolitions would be carried out on the basis of personal vendetta.
“That unless the court urgently intervenes, the applicants are apprehensive that their investment and hard work will end up being ruined thereby occasioning them irreparable loss and damages,” Mr Nderitu said in an affidavit.
OWNERSHIP ROW
The land has been dogged by controversy since the removal of Simmers Restaurant more than a year ago.
Mr Suleiman Murunga, the proprietor of Simmers, has since filed a bill of more than Sh262 million for damages and losses suffered after the famous club was destroyed.
This was after the High Court ruled that a new tenant, Pimp My Ride, had taken over the premises.
Justice Kossy Bor had in March this year, directed Mr Murunga to submit a valuation report within 30 days to directors of Nilestar Holdings and Green Valley Ltd, showing the goods, stock, furniture and equipment that were damaged when he was forcibly evicted from the premises in March 2018.
The judge had also ordered the two companies to pay Mr Murunga six months’ rent to cater for his relocation had they not evicted him unlawfully.
“The substratum of the case has been removed and the plaintiff cannot be restored to the premises in light of the fact that the suit property has been materially altered and cannot serve as a restaurant,” the judge ruled.
Mr Murunga, Nilestar and Green Valley lay claim to the prime plot on Kenyatta Avenue.
