BY SAM ALFAN.
An auctioneer who oversaw the demolition of multimillion house in Westlands has been found in contempt of court.
Zachariah Baraza of Siuma Auctioneers was found in contempt of court after demolishing the house despite an order stopping the demolition.
Environment and Land Court Judge Oscsr Angote ordered him to appear in court on 17th November 2022 for mitigation and sentencing.
The Judge ordered the Auctioneer to appear before Environment and Land Court on Thursday 2:PM for sentencing failure to which he will issue warrant of arrest against him.
“The auctioneer went against the orders of the court as he did not have express authority from the lower court. He disobeyed the order by taking away properties of the respondent,” justice Angote ruled.
The judge ruled that the order of the lower court issued on 18th October 2022 did not direct the auctioneer to evict the respondent who is a company, Metro Pharmaceuticals limited.
According to the judge, Baraza carried out the auction with authority. He added that the anyone who disobeys orders of the court is liable to a two year imprisonment or a Sh 2 million fine.
“It is the finding of this court that Zachariah Baraza abused the powers of the court,” the judge added.
Last week Judge Angote ordered Baraza to explain the circumstances under which they executed the exercise.
The Judge directed Baraza of Siuma Auctioneers and an advocate identified as Nyakundi should file the affidavits in court by Friday, explaining the circumstances leading to the demolition of the house Niraj Shah.
The judge sought for an explanation because an eviction notice was not issued by the magistrate’s court in relation to the property.
The said that the order was not supposed to be interpreted as an eviction notice and it appears your clients presented you with the wrong order.
The judge demanded for an explanation by way of an affidavit on which orders were executed.
