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Auctioneer Zachariah Baraza is not yet off the hook over the eviction and demolition  of a residential  house  in Westlands Nairobi County.

High Court  judge Justice  Oscar  Angote dismissed a preliminary  objection  filed  by Baraza  seeking  to stop summons against  him in which the court ordered him appear  for  mitigation and sentencing for contempt of court.

“The preliminary objections  dated 16th November 2022 are dismissed  and the applicants to carry  their own costs,” Justice Angote  ruled.

The judge said  that Environment  and Land Court has supervisory jurisdiction over tribunals and subordinate courts as opposed to the application filed by Baraza.

“This court has powers over tribunals and lower courts contrary  to the appeal has powers to make its own decisions and shall execute its  discretion ” he directed

Justice Angote  also pointed  out in his lengthy ruling  that the orders issued  by principal  magistrate  which restrained him from carrying  out  eviction  and demolition  of the residential house.

The judge however disagreed with contentions  by Baraza’s counsels that there  was no application for contempt  before  him that could  have enabled  the court  to issue summons, saying  that the court  under  the constitution  has powers  to act on its own  motion  on issues relating  to contempt  of court.

The court will now hear the application by the auctioneer association which seeks the matter to be taken for mediation.

The court scheduled the hearing of the application on 16th January 2023

It further directed that the parties has a right to appeal his ruling.

By Rodgers Oduor


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