Environment and Land Court has found an official from the Trans Nzoia county government guilty of demolishing a perimeter wall surrounding a 46-acre property in Kitale town.
This incident is part of a land ownership dispute involving Kisii Senator Richard Onyonka and the county government.
In court documents obtained by Kenyans.co.ke, Justice Fred Nyagaka ruled that Lands County Executive Committee Nasimiyu Mutama violated previous court orders by sending officers to demolish the perimeter wall of the structure.
The previous court orders dated February 17, 2023, barred any person from performing any activity on the land until the matter is heard and determined.
The actions by the county government official, according to judge Nyagaka, showed disregard to the court and hence should be punished.
" I have stated above that this court has the authority to enforce its orders and maintain its dignity, and actions that its authority through punishment for contempt of court. To this end, this court emphasizes the critical role of respect for and adherence to court orders. This is central and integral to preserving the integrity of the judicial system," the judge said.
"The Plaintiff’s conduct demonstrates a defiance of the court’s authority and merits appropriate sanctions."
Following the ruling, the judge ordered the Lands CEC to physically appear in court on October 23, 2023, for mitigation and sentencing.
In the case filed by Senator Onyonka, the county government was well aware of the orders of the court and participated in giving views on how to formulate the orders.
He added that despite this, the county government official sent officers to demolish the wall.
"Despite the subsistence of the orders, on 18/03/2023 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," read part of Onyonka's application.
Further, Onyonka said that Nasimiyu sent him a letter warning him of dire consequences if he cultivated on the disputed property.
In a replying affidavit dated March 24, 2023, the county government, through county secretary Truphosa Otwala, said that the senator did not provide evidence showing that its agents were responsible for the destruction of the perimeter wall.
According to Otwala, the enforcement officers were on the ground during the day of demolition to keep security.
The judge, however, ruled that the county government officers were responsible for demolishing the perimeter wall and thus violating the court orders.
