Joho urged to have out of court deal with Best Lady

Mombasa’s resident judge Erick Ogola has directed governor Hassan Joho to have a negotiated settlement with cosmetic store Best Lady over colours of their building.

In 2018, Joho issued a directive through the transport and infrastructure departments for all buildings within CBD to be painted ocean blue and white.

However, the cosmetic shop declined to change their colours from pink to the required white and blue and rushed to court where they obtained court orders stopping the county from closing their shop for not adhering to the directives.

But judge Ogola said the parties should agree on how the shopwill not lose its signature color and still adhere to the county directives.

”Even the court premises painted the county’s color white and blue but still maintained its yellow and green," he said.

Even though the judge said the city would have been unique and more attractive with numerous colours, the preferred color has also beautified the county.

“In Capetown, many colors have given the city a panoramic view where each building has its unique colours," he added.

Judge Ogola gave both parties 30 days to mediate or he will have to give a ruling on whether the building should be painted or not.

In their argument, Best Lady said Joho did not have powers to issue such directives and therefore they were illegal.

Through its lawyer Marcelino Lesaigor the beauty firm said the directive did not have a constitutional backing.

Lesaigor noted that as a cosmetic and beauty business, they would lose identity and clients if they changed their colour.

But Joho through his lawyer Paul Buti said the directives were meant for building owners and not business owners and therefore Best Lady was not a target party.