A vicious duel is unfolding between the prestigious Villa Rosa Kempinski in Nairobi and a Chinese company that is putting up a high-rise building next door that is set to house a rival, bigger five star hotel.
Simba Corporation, which owns Kempinski, has locked horns with China's Avic International over the development that will be occupied by American hotel chain, the Marriot Hotels.
Simba Corporation, owned by billionaire Adil Popat, wants construction of the mega complex stopped.
The Swiss franchise contends that the noise emanating from Avic's construction site round the clock has hurt its business.
Avic obtained Nema's greenlight after parting with Sh97.2 million in permit fees but construction was halted after Simba petitioned the National Environment Tribunal.
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The complex will comprise a 35-floor five star hotel, two office blocks comprising 25 and 28 floors respectively and four apartment blocks on a 7.5 acre piece of land next to Kempinski. It borders ARM Cement Headquarters, Mirage Towers and will be operated by the giant Marriot Hotels.
The complex under construction. Avic expected to spend Sh9.6 billion on the complex, but delays to the completion alongside litigation costs will push the amount higher up.
In 2015, Kempinski appealed to the National Environment Tribunal (NET) to overturn Nema's approval of Avic's project, arguing that it had not demonstrated how it intends to address storm water drainage, noise and air pollution during construction.
NET dismissed Kempinski's appeal on December 18, 2015, arguing that it was filed outside the 30-day window allowed after Nem's approval of building plans.
Kempinski then moved to the High Court seeking to compel NET to determine its appeal.
Judge Bernard Eboso in December ordered NET to hear Kempinski's appeal, a move that revived the 2015 stoppage. Avic has since challenged judge Eboso's decision.
Kempinski argued that despite knowing that an order exists against it,
"Avic has continued with the construction works in total and contemptuous disregard of the stop order".
"Simba Corporation continues to incur colossal amounts of monies to deal with the suffocating dust and vermin emanating from the project site onto the Villa Rosa Kempinski Hotel,” it contends.
Avic argues that it will incur costs of Sh20 million daily if the project, planned to be concluded by December this year, is halted.
During the High Court proceedings, Avic claimed that it lost Sh1.8 billion for the 93 days construction was stopped in 2015 owing to commitments made to investors.
Avic's lawyers Coulson Harney argue that the firm did everything possible to address all possible issues that could affect its neighbours, and that it is willing to address any further concerns.
“Avic obtained all necessary approvals from the relevant agencies for the project. Avic undertook a number of remedial measures to address Simba Corporation's concerns over the project. Avic remains willing to address any further concerns that Simba Corporation may have arising from the project,” Feng said in court filings.
The duel has set the stage for what promises to be one of the fiercest rivalries in the hospitality industry as
the two firms battle for the market.
Kempinski has also accused Avic of occupying part of Chiromo Lane, which splits the two rivals, which is bound to increase traffic in the area.
The Marriot will be the latest addition to the Westlands hospitality scene which has witnessed massive growth in the recent past with leading hotels such as Kempinski, Movenpick, Park Inn and Sankara.