According to a report that appeared in the Business Daily on Thursday, Mr Mike Maina Kamau had been awarded Sh. 711 million as compensation in December 2017 but recently sought court action for speedy payment, including of interest for the delayed settlement.
“The State had opposed Mr Maina’s application on the grounds that there was a pending appeal against the Sh. 711 million payout, arguing that taxpayers would be prejudiced if the payment was made before the appeal was determined. Paul Maringa, the Principal Secretary for Infrastructure, said Mr Maina’s property sat on land that was part of a road reserve,” said the report.
Although the State has been aiming to file an appeal, Justice Mativo said that an appeal does not imply suspension of court judgments, unless a judge has imposed orders freezing the orders.
“It is a known principle of law that an appeal of a judgment by the unsuccessful litigant does not prevent the successful party executing the judgment immediately,” said Justice Mativo. “Ideally, the unsuccessful party should apply for a stay of execution after judgment is delivered from the court issuing the decree and if unsuccessful from the court to which the appeal is preferred”.
According to the Business Daily, Mr. Maina had built his palatial home in 2007 and at the time of demolition, he had not moved in yet but construction work was nearing completion. He successfully defended the acquisition of the land, claiming before court to have purchased it at Sh. 80 million. In his evidence, Mr Maina said he had spent Sh. 299 million to build the mansion.