BY SAM ALFAN.
A former Trans Nzoia county executive has moved to court seeking to have Governor George Natembeya jailed for disobeying court order, stopping the demolition of her building.
Elizabeth Nyongesa wants Natembeya together with county officials Truphosa Amere and Janerose Nasimiyu Mutama found in contempt of court and punished for allegedly disobeying a court directive.
She said she obtained a court on the 19th April, 2023, stopping the planned demolition of the building in Kitale town but the county government proceeded and pulled down the house.
“An order of committal to civil jail be made against George Natembeya, Truphosa Amere and Janerose Nasimiyu Mutama for a period of six months or for such period of time as this Court may deem just and fit to determine for the contemptuous disobedience of the Order and Directions duly issued by this Honourable Court on the 19th April, 2023,” pleads Nyongesa.
She said the court order and directions sought to conserve the property on LR. No. 2116/276 and the buildings from demolition, pending the hearing of the application for injunction by all parties on 26th April, 2023.The former county official said Natembeya and his officers were both aware and were duly served in good time, with both the application for injunction as well as the orders and directions.
Nyongesa said she served the court order electronically via WhatsApp in accordance with the law and also through a court process server.
She said despite having knowledge of the existence of the order, the county government disregarded the same and proceeded to demolish the building.
“The blatant refusal to obey a valid order and directions of this Court is in contempt of court and that the Contemnors/respondents actions are offences against administration of justice and the application made is in the interest of justice and further, the applicant has no other way of enforcing the said order,” says Nyongesa.
She further adds that orders of the Court included a penal notice warning that any disobedience of the same shall attract penal consequences.
“There is inherent jurisdiction for this Court to hear this application and grant the orders sought to preserve its integrity and the rule of law,” says Nyongesa.
Nyongesa says she was given an allotment letter for the parcel of land in 1981, with notice to the Commissioner of Lands and wa subsequently issued with a leasehold title for a term of 99 years from 1 December, 1981.
She says she was called at dawn on April 17 by her son Samuel Mecca, who resides in the property, informing her that the county government was demolishing part of the perimeter wall and promised to return.
She added that the county officials claimed that the structures would be demolished to pave way for expansion of the Stadium, which is across the road from the property.
She then moved to court and obtained orders blocking the demolition.
“I know as of my own knowledge that a temporary injunction dated 19th April 2023 was issued restraining the defendant /1* respondent either by themselves, their officers, servants or agents, or otherwise howsoever from evicting, repossessing. demolishing or interfering with the quiet enjoyment of all that property commonly described as L.R NO.2116/276 situated in Trans Nzoia County (the “Suit Property”),” she adds.
