Auctioneer Zachariah Baraza is not yet off the hook over the eviction and demolition of a residential house in Westlands Nairobi County.
High Court judge Justice Oscar Angote dismissed a preliminary objection filed by Baraza seeking to stop summons against him in which the court ordered him appear for mitigation and sentencing for contempt of court.
“The preliminary objections dated 16th November 2022 are dismissed and the applicants to carry their own costs,” Justice Angote ruled.
The judge said that Environment and Land Court has supervisory jurisdiction over tribunals and subordinate courts as opposed to the application filed by Baraza.
“This court has powers over tribunals and lower courts contrary to the appeal filed..it has powers to make its own decisions and shall execute its discretion ” he directed
Justice Angote also pointed out in his lengthy ruling that the orders issued by principal magistrate which restrained him from carrying out eviction and demolition of the residential house.
The judge however disagreed with contentions by Baraza’s counsels that there was no application for contempt before him that could have enabled the court to issue summons, saying that the court under the constitution has powers to act on its own motion on issues relating to contempt of court.
The court will now hear the application by the auctioneer association which seeks the matter to be taken for mediation.
The court scheduled the hearing of the application on 16th January 2023
It further directed that the parties has a right to appeal his ruling.
By Rodgers Oduor