The Kenya Wildlife Service (KWS) has been ordered to pay ksh 454 million to the owners of a malindi hotel they demolished in 1997.

Gianluigi Cernuci and Pizzigoni Mania, the proprietors of Sea Star Malindi Limited, will receive the money after Justices Pauline Nyamweya, George Odunga, and Gatemba Kairu approve a High Court verdict in their favor.

PHOTO | COURTESY courts

 The matter has been pending in the legal system since 1998.

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During the court ruling, Justices Nyamweya and Odunga determined that Sea Star deserved compensation from KWS for building expenses but reduced the general damages from Sh30 million to Sh3 million plus interest.

Justice Gatembu, in a dissenting decision, concluded that the case should be brought before a separate court in the Environment Court.

PHOTO | COURTESY court

He believed cases ELC 56 and 47 of 2016 should be tried together or merged to assess Sea Star's requested remedy.

“Given that the reliefs Sea Star seeks in both matters revolve substantially around the demolition and reconstruction of the hotel, it would, in my view, be imperative, that the matters be resolved by the same court,” he said.