A Kenyan billionaire is smiling all the way to the bank following a court ruling that compelled the state to pay him Ksh859 million.
According to a report by People Daily, the billionaire, Mike Maina Kamau of the Marble Arch Hotel, won the money following the demolition of his mansion in Nairobi’s Spring Valley to pave the way for a road.
In the ruling, Justice John Mativo ordered Principal Secretary in the Ministry of Transport and Infrastructure as well as the Attorney-General to follow up on the pay to ensure that the tycoon is awarded his dues.
The publication reported that bulldozers tore down the eight-bedroom mansion during a period in which Franklin Bett was the minister for Roads.
The tycoon then rushed to court and an initial ruling in December 2017 awarded him Ksh 711 million but he claimed that he never received the money.
The state, at the time, had argued that the money was not disbursed because there was a pending appeal against the Sh711 million payout claiming that it would affect taxpayers.
Paul Maringa, the Principal Secretary for Infrastructure, also argued that a section of the house sat on a road reserve and had to be demolished.
He further noted that the state was disappointed with the initial ruling claiming that it was clear the mansion occupied land necessary for the construction of the Waiyaki Way-Redhill link road.
In the latest ruling, however, the judge stated that an appeal does not imply suspension of court judgments.
“It is a known principle in law that an appeal of a judgment by the unsuccessful litigant does not prevent the successful party executing the judgment immediately.
“Ideally, the unsuccessful party should apply for a stay of execution after the judgment is delivered from the court issuing the decree and if unsuccessful from the court to which the appeal is preferred," stated the judge.
Broken down, Ksh847, 277, 351 was awarded for the demolished property while Ksh12,259,342 was to take care of his legal expenses.
