Court suspends Sh23 million award against KWS for hotel’s eviction

Kenya Wildlife Services (KWS) has won reprieve from court in a legal tussle with a tourist firm over a 10-hectare property in Tsavo West National Park.

KWS obtained orders from the Court of Appeal suspending a High Court decision directing it to pay Lake Jipe Safari Lodge Sh23 million for damages caused in a forceful eviction in November 2000.

In the case, KWS is said to have entered into an agreement with the predecessor of the tourist hotel in June 1987 to lease the land for purposes of constructing a hotel.

The lease was for 20 years and had a clause for an option of renewal for another 10 years on the terms and conditions as per the agreement.

According to documents filed in the High Court, the parastatal evicted the hotel employees 14 years later and took possession of the property, a move that made the hotel bosses to move to court.

The hotel said KWS officers did not allow its workers to carry away property and claimed Sh440 million for the damages caused.

KWS responded that the hotel breached the terms of lease by failing to maintain the standards, abandoning the site and defaulting in the payment of Sh1,378,695.

In his judgment delivered on October 17, 2016, High Court judge Charles Kariuki held that KWS terminated the lease and repossessed the property lawfully.

But he slapped the parastatal with an order that it pays the hotel Sh23.1 million in special damages.

Pending hearing

Aggrieved by the decision, KWS moved to Court of Appeal with an application to set aside the judgment pending hearing and determination of its appeal.

Its lawyer Irene Kashindi said the judge erred by awarding the hotel Sh23 million without any supporting documents.

Appellate judges Philip Waki, Daniel Musinga and Gatembu Kairu allowed the application and set aside execution of the judgment pending hearing and determination of the appeal.