The Environment and Land Court ruled against a Trans Nzoia county government official for the demolition of a perimeter wall surrounding a 46-acre property in Kitale town.
This incident is a critical part of an ongoing land ownership dispute involving Kisii Senator Richard Onyonka and the county government.
According to court documents obtained by Kenyans.co.ke, Justice Fred Nyagaka declared that Lands County Executive Committee member, Nasimiyu Mutama, violated previous court orders by dispatching officers to dismantle the perimeter wall in question.
The earlier court orders, dated February 17, 2023, explicitly prohibited any activity on the land until the matter was fully adjudicated.
Judge Nyagaka emphasized the importance of respecting and adhering to court orders, stating, “This court has the authority to enforce its orders and maintain its dignity.” He further added that the actions taken by the county government official displayed a blatant disregard for the court, warranting appropriate sanctions.
In light of this ruling, the judge summoned the Lands CEC to appear in court on October 23, 2023, for the purpose of mitigation and sentencing.
Senator Onyonka expressed that the county government was well aware of the court’s orders and even participated in discussions regarding the formulation of said orders.
Despite this, the county official proceeded to send officers to demolish the wall, as indicated in the application filed by Senator Onyonka.
In a counter-affidavit dated March 24, 2023, the county government, represented by county secretary Truphosa Otwala, contended that Senator Onyonka failed to provide evidence linking their agents to the destruction of the perimeter wall.
Otwala asserted that enforcement officers were present during the demolition to maintain security.
However, the judge ultimately ruled in favor of Senator Onyonka, determining that it was indeed county government officers who were responsible for the demolition, thereby violating the standing court orders.
This verdict marks a significant step in the ongoing dispute, shedding light on the need for strict adherence to legal proceedings and respect for court mandates in land-related matters.
The case continues to be closely monitored as it progresses through the judicial process.