Auctioneers demolish hotel belonging to Polish investor in Diani

A Polish investor is caught up in a land dispute in Kwale County after auctioneers demolished a hotel belonging to the foreigner.

Five Eleven Traders and Auctioneers acting on behalf of prominent businessman Samuel Kamau Macharia, said their client is in possession of a court order issued on February 17 to execute a decree issued on October 13, 2014 on the piece land.

The decree, which was issued on January 6, 2015 and certified on January 25 this year, declares that SK Macharia is the bonafide and legal owner of the 1.7 hectares parcel of land under title number Galu/Kinondo/50.

The decree also declares that Ali Khan Ali Muses and Estate Sonrisa Limited be evicted after Macharia sued Ali and Sonrisa in 2014 for encroaching on his land.

A ruling in favour of Macharia was appealed by Sonrisa and Ali in 2016 but the appeals were dismissed.

Sonrisa says their title deed erroneously states that their land measures 0.9 hectares while in the maps and measurements on the ground, it is actually 1.9 hectares.

It is this difference that has brought about the conflict with Macharia saying Sonrisa has encroached into the 1 ha of his land.

Speaking from her hospital bed the investor, Ms Iwona Strzelecka, whose two villas and main building, with seven guest rooms, were demolished, said the auctioneers demolished the wrong premises saying she wasn’t served with court orders.

She said the order was for eviction of persons on land Galu/Kinondo/50 while her property is on land Galu/Kinondo/48.

“There are only three villas remaining. We have lost approximately Sh200 million, forcing us to evacuate our guests most of them foreigners” said the Polish national, who is married to veteran Kenyan rally driver Azar Anwar.

On 2nd February this year, the polish embassy in Nairobi wrote to the Director of Criminal Investigation regarding Ms Iwona Strzelecka property tussle with SK Macharia ,expressing concern on the inhumane manner their citizen was being handled.