The High Court has temporarily suspended plans by Mombasa Governor Ali Hassan Joho to have the city painted white and blue (Egyptian shade).
This is after the county failed to respond to an application made by an aggrieved applicant and business entity Best Lady Cosmetics shop in Mombasa.
Joho's directive compelling commercial building owners in the central business district (CBD) to paint their premises in uniform colours was meant to make the tourist hub more photographable a color theme used in Santorini Island, Greece - a world famous tourist destination.
[caption caption="Santorini Island a major tourist destination in Greece"]
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The move was initially met with resistance but a majority of the tenants and owners have complied after the county government threatened legal action against those defying the order.
Although an earlier court petition seeking to suspend the order flopped, the cosmetics shop made a separate application on July 4 and upon served the Mombasa County.
The County, however, did not appear in court to answer to the application where the applicant argued that they have their own branding colour countrywide and the Mombasa shops are not an exception.
"We have been in business for over 15 years and all the materials in shops traded in pink colour which we use in all our branches," the beauty shop lamented.
Through lawyer Samuel Kariuki, the cosmetic dealer indicated argued that the brand colours are featured in all their outlets spread in major towns including Nakuru, Bungoma, Kitale, Meru, Maua, Nyeri, Eldoret, Karatina, Kitui, Machakos, and Kericho.
According to their lawyer, complying with the impugned notice will greatly hamper the clients business potential.
"Implementation of the impugned notice will deny the petitioner the right to use their long-term trademarks and brandings which will inevitably lead to loss of customers and business earnings," the application read.
[caption caption="Freshly repainted buildings in Mombasa CBD"]
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The lawyer further argued: "The impugned notice unjustifiably and unreasonably restricts and limits rights and fundamental freedoms of the petitioner," while further raising concern that the County threatened and had indeed begun prosecuting owners of buildings who have not complied with the painting order.
