The Court of Appeal has upheld a ruling prohibiting the police from looking into the owner of the building that houses the renowned Trattoria Restaurant in Nairobi as a result of a protracted dispute with Gaetano Ruffo, the proprietor of the restaurant.
According to a three-judge panel, allowing the police to look into Mr. Ruffo’s allegations against his landlady, Ms. Joanina Wanjiku Maina, would be an insult to the legal system and go against the goals of justice.
The summons issued by the police would subject Ms. Maina and her agents to severe oppression and prejudice, according to Justices Mohamed Warsame, Hellen Omondi, and Jessie Lesiit.
“The facts, in this case, are so telling that it would seem wholly improper to ‘wait and see’ how the investigations and the criminal cases progress in view of the cat and mouse situation at play,” the judges said, adding that it is unjust to be put in a position where to comply with the law results in punitive measures.
She accused Mr Ruffo of using the police to harass her for trying to enforce safety regulations imposed by the Nairobi County Government.
Since 2013, Ms. Maina and Mr. Ruffo, her tenant, have been engaged in a legal dispute over the tenant’s decision to block fire assembly points and exit passages with 1000 kg gas cylinders and water tanks.
She claimed that Mr. Ruffo was harassing her with the help of the police because she was trying to uphold safety laws that the Nairobi County Government had put in place.
Since 2013, Ms. Maina and Mr. Ruffo, her tenant, have been engaged in a legal dispute over the tenant’s decision to block fire assembly points and exit passages with 1000 kg gas cylinders and water tanks.
The restaurant owner claims the county government cleared him during an inspection in 2014, but Ms. Maina claims he later received notices from the same county government to clear all items. The restaurateur has been operating on the property since 2005.
Despite the notices being subsequently withdrawn, Ms. Maina claims audits were conducted and the safety of the building’s additional 40 occupants was increased.
Later, she requested that the court order Mr. Ruffo to provide her with the Tratoria approval plans for the placement of a fire extractor, LPG gas cylinder, and cold room at the emergency fire assembly and exit points.
According to her attorney Kethi Kilonzo, she also requested copies of the plans submitted by Tratoria and the approval of the building’s previous owner.
The court upheld a ruling ordering Mr. Ruffo to produce the requested documents.
The judges noted that when Ms. Maina attempted to follow the county’s instructions, the notices were abruptly withdrawn. She had been given notices to remove all items from the assembly areas and fire exits or face impending prosecution.
