The Environment and Land Court in Kitale has found Trans Nzoia County Executive Committee Member for Lands Housing, Physical Planning and Urban Development Nasimiyu Mutama in contempt of court.
The land dispute involves Trans Nzoia County Government and Kisii Senator Richard Onyonka. The National Lands Commission (NLC) is an interested party in the matter.
Mutama was found guilty of defying orders that had directed both parties to cease from performing any activities on the land.
In an application, Senator Onyonka decried that despite the orders a perimeter wall was brought down prompting him to move to court.
“Despite the subsistence of the orders, on 18th March, 2023 the Plaintiff through its agent (the County Executive Committee Member – Hon. Nasimiyu J. Mutama) sent its enforcement officers to the suit property and they demolished the perimeter wall and structure,” Onyonka’s application reads.
Justice Fred Nyagaka found the lands CEC in contempt of court for disobeying orders that had directed both parties to cease from performing any activities on property (Kitale Municipality block 6/234) pending the hearing and determination of the suit.
“The Plaintiff’s actions were a smack on the face of the court. They do not auger well for a society, such as Kenya, that now prides in being led by the value and principle of the Rule of Law. Its action was trained at obstructing the due process of law in regard to the proceedings herein,” the ruling read in part.
The Kitale court also ordered Mutama to attend court physically on the 23rd October, 2023 for mitigation and sentencing.
“This Court directs that the said Honourable Nasimiyu J. Mutama (now contemnor) does attend the physical court personally on 23/10/2023 at 9.30 am for purposes of mitigation and sentencing.”
The Trans Nzoia County Government will bear the cost of the application.
Sarafina Robi
