Pull out Facebook post, hotel ordered

A judge has refused to suspend orders requiring a beach resort to remove comments posted on Facebook in a racial discrimination suit brought against it buy a trader.

High Court Judge Mumbi Ngugi told the lawyer representing Baobab Beach Resort and Spa, situated in Diani, South Coast, that the court could not lift the orders until they are complied with.

“It is the duty of a party to obey a court order first then apply to set it aside,” the judge said on Tuesday.

Two weeks ago, Judge Ngugi ordered the resort to remove the comments on an incident between it and tour operator Duncan Muriuki.

The comments Mr Muriuki complained about were posted on the beach resort’s Facebook page after a dispute between him  and the management of the hotel  on alleged denial of entry to the hotel.

But on Tuesday during the mention of the case instituted by Mr Muriuki and Destination Africa Ltd, Lawyer Wilfred Nderitu, acting for the two, informed the judge that the beach resort had not removed the posts.

Lawyer Samir Inamdar, for the resort, pleaded with the judge to suspend the orders arguing that it was only notified of the court directive on Friday last week.

He added that the court had issued an injunction after hearing only one party, which he claimed was unfair.

Mr Muriuki and Destination Africa Ltd have sued the beach resort for denying him entrance into the compound on February 7, 2012, to pick his clients who were accommodated there.

He claims he was denied entry while in the company of his driver and business associate who are black Kenyans, but was allowed entry on February 9, 2012, when he was in the company of two White clients.

He says he was allowed entry because he and the driver were in the company of the two White citizens of Lithuania.

The tour operator claims that guards manning the gate informed him they were under strict instructions not to allow small tour operators access to the hotel, and that only large tour operators could go in.

He accuses the resort of applying a policy of discrimination on the ground of race, colour, birth, and ethnic or social origin in its operations.

The businessman argues that it was by reason of the application of the policy that he, as well as his driver and his business associate, were discriminated against.

Mr Muriuki wants the court to order the resort to compensate him for alleged violation of the fundamental right to equality and freedom from discrimination on the ground of race, colour, birth and/or ethnic or social origin in relation to him, his driver, and his business associate.

The tour operator is also seeking an order for compensation for loss of Destination Africa’s business arising out of the negative publicity in the media.