Trans Nzoia County Executive Committee Member for Lands and Housing, Physical Planning, and Urban Development, Honourable Nasimiyu J. Mutama is in trouble for contempt of court after Kisii Senator Richard Onyonka successfully moved to the High Court in Kitale and obtained orders for the status quo over a land ownership dispute between him and the county government.
In a ruling dated October 12 by Dr. Fred Nyagaka, the judge ruled “This Court directs that the said Honourable Nasimiyu J. Mutama (now contemnor) does attend the physical court personally on October 23, 2023, at 9.30 am for purposes of mitigation and sentencing”.
The Senator had successfully obtained orders for the status quo over a land ownership dispute between him and the county government of Trans Nzoia. However, the Committee Member – Hon. Nasimiyu J. Mutama) sent its enforcement officers to the property, they demolished the perimeter wall and structure.
Further, on March 3, 2023, Nasimiyu contemptuously wrote a letter to the Senator, warning him of dire consequences if he persisted in the cultivation, planting, or growing of crops on the suit property. In an affidavit, Onyonka reported that the February Court issued orders of status quo on the suit property. The orders were to finalize the hearing and determination of the suit.
He swore that on March 18, 2023, he was informed by his workers that, in total defiance of the status quo orders, the Trans Nzoia county agents and/or servants went to the suit property, pulled down the perimeter wall, and destroyed the constructed iron sheet structure.
Onyonka filed a supplementary affidavit sworn on April 21, 2023, by Anthony Khisa Wafula, an employee as a security guard or watchman of Onyonka. He deposed that on the morning of March 18, 2023, while he was on duty, a group of people came to the suit property, threatened to beat him up, and proceeded to pull down the perimeter wall and destroy the constructed structure made of iron sheets. He further deposed that during the process of demolition, the group of persons claimed that Onyonka unlawfully occupied the county government land and that he ought to vacate.
It was Onyonka’s plea that he prayed that Nasimiyu be committed to civil jail by the alleged perpetrators for the disobedience of orders issued by this court on February 17, 2023. In a reply affidavit sworn on April 24, 2023, by Truphosa Otwala, the County Secretary, on behalf of the county government of Trans Nzoia, she argued that the alleged demolition of the perimeter wall and damage to the house by its agents were just mere unsubstantiated allegations.
