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July 21, 2018

Court stops Joho’s order on repainting buildings

Mombasa county assembly building at treasury square in Mombasa county / FILE
Mombasa county assembly building at treasury square in Mombasa county / FILE

Mombasa governor Hassan Joho's bid to beautify the city has suffered a blow after the high court suspended the repainting of buildings.

Joho through his transport and infrastructure department had ordered all buildings in the CBD be painted white and blue.

But on Thursday, judge Erick Ogola issued interim orders stopping the county from continuing with their mission.

Ogola issued the orders after the county failed to reply to a petition filed by a beauty and cosmetic shop.

On July 4, in an application filed by a cosmetic and beauty shop Best lady, said orders by the county was contrary to their brand colours.

Through their lawyer Samuel Kariuki, the cosmetic shop said they had branches across the country with a similar colour and the Mombasa shop was not exempted.

Read: Court declines to stop Joho’s order on repainting buildings

 According to Kariuki, the shop has been in business for more than 10 years and their brand colour has remained to be pink in all their branches including Nakuru, Meru, KItale among counties.

They further argued that the county had started effecting their threats to prosecute persons who fail to comply with the directives.

They noted the orders were unreasonable which restricts and limits the fundamental rights of the Best lady shop.

Kariuki said his clients are bound to lose customers and revenue if they go ahead and change their trademark.

He said the county boss erred in making such a declaration as he lacked authority to issue such directives. 

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