BY CAROLE MAINA
Tuesday, September 15, 2015
A Somali-run restaurant has been ordered out of a Catholic-owned premises in Westlands
within 30 days.
High Court judge Isaac Lenaola gave Al Yusra restaurant a month to remove its properties from Waumini House, pending the determination of a suit the church has filed.
The judge said both the restaurant and KCCB have raised serious constitutional matters that need to be adjudicated further.
Al Yusra is accusing KCCB Secretariat of illegally cancelling its lease agreement for a section of the church building.
Al Yusra claims the only reason KCCB gave for cancelling the lease was that bishops were
uncomfortable in having Somali Muslims at their headquarters and the restaurant would be patronised by Somalis.
The restaurant had asked Justice Lenaola to compel KCCB to allow them operate the eating joint from the building as per a lease agreement or award them compensation of Sh88.5 million.
Al Yusra signed a six-year lease for 2,153 square feet on the ground floor of Waumini House,
which took effect on December 1, 2013, and rent was due on February 1.
Al Yusra said it paid rent of Sh2.1 million to Knight Frank, which was acting on behalf of KCCB, as per the agreement.
The restaurant says it renovated and fitted the facility to accustom it to a restaurant.
But its plans were stopped in March after KCCB requested a meeting, attended by John Cardinal Njue,
the Very Reverend Father Vincent Wambugu and the Right Reverend Anthony Muheria, where the bishops allegedly expressed reservations against Al Yusra operating at its premises.
The church says it had no religious motives in barring the restaurant from taking possession of the disputed premises, saying that it has existing Muslim tenants and does not “undertake religious
profiling by demanding they disclose their religious persuasions”.
The church says its concern was to secure its premises, having received intelligence that it was a target for terrorist attacks.
Source: The Star