Kariobangi South MCA risks arrest for contempt of court over land in Buruburu
The Court of Appeal has found Nairobi County Secretary Patrick Analo and Kariobangi South MCA Robert Mbatia guilty of disobeying court orders.
The court said the two had disobeyed initial orders restraining them from evicting the family from their land in the Buruburu area and from proceeding with the development.
“Robert Mbatia and the person or persons occupying the office of the County Secretary, County Government of Nairobi between 14th April 2023 and 16th June 2023 are guilty of disobeying the order of this court made on 14th April 2023 in Civil Application No. E422 of 2022 George Ngacha Njiri and 5 others vs County Government of Nairobi, Robert Mbatia,” the court papers read.
According to the December 15 ruling by three judges, Sankale Ole Kantai, Francis Tuiyot and Mwaniki Gachoka, the two respondents are guilty and should show cause why they should not be jailed.
“Robert Mbatia and the person or persons occupying the office of the County Secretary County Government of Nairobi found guilty in order (i) above shall appear before the court to show cause why they should not be committed to civil prison.”
The family of George Ngacha Njiriri had approached the court after the County Government of Nairobi proceeded to evict them from the land despite the April 14 ruling, which restrained the County and Mr Mbatia from evicting the applicants or any of them from the suit property and restrained the County from encumbering or transferring the title to the suit property.
“Despite being aware of the judgment and orders of the court, the 2nd respondent, with the assistance of the 1st respondent, commenced construction on the suit property sometime before or on 13 June 2023… Again, despite being aware that the contempt proceedings were pending, the respondents continued with the construction and had completed the construction by June 27, 2023, the date of the further affidavit.”
The three judges ruled that a charge of contempt of court in civil proceedings is akin to a criminal charge, and the person who must suffer the possible criminal consequences must be the actual offender.
“For this reason, the officer of the county government who is guilty of contempt must be the person or persons who occupied the office of county secretary at the time or times of the disobedience of the court order.”