A long-standing dispute over a parcel of land, where a Malindi hotel was demolished in 1997 by individuals allegedly affiliated with the Kenya Wildlife Service (KWS), has resurfaced, placing financial responsibility on taxpayers.
The Court of Appeal recently upheld a High Court ruling in favor of Sea Star Malindi Limited owners, Gianluigi Cernuci and Pizzigoni Mania, necessitating a payment of Sh454 million by KWS.
The justices overseeing the case, Pauline Nyamweya, George Odunga, and Gatemba Kairu, affirmed the earlier decision in favor of Sea Star Malindi Limited.
This legal battle, which has spanned since 1998, culminated in a verdict granting compensation to the hotel owners for construction costs incurred.
While the majority opinion, delivered by justices Nyamweya and Odunga, upheld the compensation, they reduced the awarded general damages from Sh30 million to Sh3 million, inclusive of interest. Conversely, Justice Gatembu, in a dissenting stance, advocated for the transfer of the matter to a different judge in the Environment Court for further adjudication.
