Auctioneer behind Westlands eviction fails to appear in court
Auctioneer
Zachary Baraza, who is at the centre of the illegal demolition of a house
belonging to an Asian family in Westlands, on Thursday failed to appear in
court as directed last week.
Through
his lawyers, the court was told that Baraza is sick, with documentation being
provided to prove so.
Meanwhile,
lawyers representing the auctioneer led by Ndegwa Njiru told the court that it has
no powers to hear the case.
In
a preliminary objection, lawyer Njiru said that the court lacked jurisdiction,
adding that calling for the file from another judicial officer was
unconstitutional.
The
National Association of Kenya Auctioneers also asked the court to suspend its
earlier decision that found Baraza in contempt of court.
The
association said that the auctioneers met and felt that they should have a say
in the matter to assist the court to arrive at a just decision.
"We
filed an application under certificate of urgency asking this court to stay the
earlier orders of conviction/review the same to allow the National Association
of Auctioneers where Baraza is a member so that the association can participate
in this matter," the court was told.
The court will give its ruling on Friday next week.
Baraza was arrested over the
violent eviction of Niraj Shah and Avani Shah from their Ksh.80 million house in Westlands area, Nairobi.
He was arraigned in court on
November 4 and released on a Ksh.200,000 bail.
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