BY SAM ALFAN.
The officer commanding the Ndaragwa police station Sebastian Mwika risked being jailed for six months over the alleged failure evict a family from a parcel of land as directed by the court.
In an application seeking to commit Mwika to jail, the estate of late Benjamin Ithinyai Narangui said the police boss had failed to effect the court order as directed on June 10, 2022.
In the directive, Mwika was required to evict Angela Gethi and Murua limited and their family members and servants from a property known as L.R No.7381(IR 6406/1).
The police boss was also required to ensure the demolition of the buildings and structures erected on the disputed land.
However, through lawyer Kethi Kilonzo, the family said the OCS has failed to implement the decision, despite being served with the order.
The lawyer said the trespassers have refused to vacate the land, prompting the families seeking to recover the property, to seek the police assistance to remove them from the suit premises.
The family of Ithinyai and that of late Ndurere Muhunya Gathii want the OCS summoned to explain why he should not be jailed.
“The contempt is further aggravated by the fact that the Officer Commanding Station is a Law Enforcement Officer. This Court has a duty to ensure that its Orders are complied with,” family told the court through lawyer Kethi Kilonzo.
Lawyer Kethi told the court that it is in the interest of justice and the sanctity of the Court and the rule of Law that the application should be allowed to commit the OCS to jail of six months.
The court issued orders on 28th July 2022 directing the Officer Commanding Station of Ndaragua Police Station to supervise the eviction of Gethi and company from L.R No. 7381 (IR 6406/1) as well as demolition of the buildings erected on the said land.
“The Order was served upon the said Officer on 6th December 2023 together with a Penal Notice who acknowledged receipt by stamping the forwarding letter to which the Court Order was attached,” lawyer Kethi for the family told the court.
The lawyer told the court that efforts to get the Officer to comply with the Court Order have proved futile as the Officer has failed and or refused to comply with the Order of the Court.
“The failure by the OCS continues to deny the Defendants the fruits of their Judgment,” kethi told the court.
