In a recent court decision, an official from the Trans Nzoia county government has been found guilty of demolishing a perimeter wall surrounding a 46-acre property in Kitale town. This property dispute involves Kisii Senator Richard Onyonka and the county government.
Court documents from Kenyans.co.ke revealed that Justice Fred Nyagaka ruled that Lands County Executive Committee Nasimiyu Mutama violated previous court orders when officers were sent to demolish the structure’s perimeter wall. These court orders, issued on February 17, 2023, prohibited any activity on the land until the matter was fully resolved.
Judge Nyagaka emphasized the importance of respecting and adhering to court orders, stating that such compliance is crucial to maintaining the integrity of the judicial system. He noted that the county government’s actions showed a disregard for the court’s authority and warranted sanctions.
As a result of the ruling, the Lands CEC has been ordered to appear in court on October 23, 2023, for mitigation and sentencing.
Senator Onyonka asserted that the county government was well aware of the court orders and had participated in the formulation of those orders. However, despite this knowledge, the county government official sent officers to demolish the wall on March 18, 2023.
Additionally, Senator Onyonka claimed to have received a warning letter from Nasimiyu, the county government official, threatening dire consequences if he cultivated the disputed property.
In response, the county government, through county secretary Truphosa Otwala, argued in a reply affidavit dated March 24, 2023, that the senator failed to provide evidence indicating their agents were responsible for the destruction of the perimeter wall. Otwala stated that enforcement officers were present on the day of the demolition to ensure security.
However, the judge ultimately ruled that the county government officers were responsible for demolishing the perimeter wall, thus violating the court’s orders.
