Church ordered to pay Somali restaurant Ksh 13M for discrimination
The High Court has directed the Kenya Conference of Catholic Bishops that it pays a Muslin owned City restaurant, Al Yusra, Ksh 13 million as compensation for discrimination and breach of contract.
Under the Kenya Conference of Catholic Bishops, the Church will pay Al Yusra Restaurant the amount for unlawfully evicting the eatery from its Waumini House in Westlands.
Justice John Mativo ruled that the church discriminated against the petitioner on grounds of ethnicity and religion.
“I have awarded the petitioner special damages for loss incurred in refurbishment and renovations of the suit property,” ruled Justice Mativo.
Justice Mativo said that the Church’s refusal to allow Al Yusra to carry on with its restaurant business was unlawful and discriminatory.
The Court found that by specifically targeting Muslim and Somali tenants and terminating the tenant relationship, the Church violated the Constitution.
As a result, the Court awarded Ksh 10 million being the cost of refurbishing the ground floor of Waumini House in Westlands, Nairobi and a further Ksh 3 million as compensation for discrimination .
However, the Court declined to issue an order compelling the church to allow the petitioner access to the premises and operate the restaurant business.
The chain restaurant had taken the Church to Court claiming that the only reason the branch was being evicted is because it is owned by Somali Muslims.
The church defended itself saying the restaurant had illegally occupied the space.
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