Trans Nzoia CEC Nasimiyu Mutama Found Guilty Of Contempt Of Court In Land Tussle

 

The Environment and Lands Court has found the Trans Nzoia Lands and Housing, Physical Planning& Urban Development County Executive Nasimiyu Mutama guilty of contempt of court.

The TransNzoia Lands and Housing CEC is on spot for defying court orders in a lands dispute case between the county government of Trans Nzoia and Kisii Senator Richard Onyonka.

The Kisii Senator filed a case in court to oppose a move by the county government officials to demolish a perimeter wall that covered part of the land in dispute.

Justice Fred Nyagaka ruled that the CEC was liable for the contempt following a letter he wrote to the Kisii Senator directing him not to carry out farming activities on the land.

“For the foregoing reasons, I find that the application dated 23/03/203 succeeds in terms that the County Executive Committee Member for Lands and Housing, Physical Planning& Urban Development, Honourable Nasimiyu J. Mutama is hereby found guilty of contempt and is convicted accordingly,” Justice Nyagaka ruled.

“It is not clear what the role of the County Secretary was process of disobedience of the Court orders. Therefore, this Court does not find him/her guilty of contempt of Court,”he added.

In his case, Onyonka wanted the courts to penalise the CEC land, County Secretary and any other persons/parties the court may consider to have disobeyed the court.

In the case, the county government is listed as the Plaintiff, by being the party that moved to court over the land first, and Onyoka as the 1st Defendant.

In the application,Onyonka noted that despite a court order 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 the application.

On February 17, 2023, the ELC  ruled that the status quo on the suit land remains until the case filed by the county government against Onyonka is heard or determined.

Onyonka was to retain the ownership of the land and draw benefits from it including cultivating based on the ruling.

He was however restricted from continuing with the construction of the perimeter wall on the land until the case is heard and determined.

A section of the perimeter wall that had already been constructed was to remain as it was.

Onyoka filed the case arguing the court directive was defied after agents of the county government demolished some structures on the land.   BY CAPITAL NEWS