Auctioneer behind Westlands eviction to be sentenced in January next year

Auctioneer Zachary Baraza, who is at the centre of the illegal demolition of a house belonging to an Asian family in Westlands, will be sentenced in January next year.

This is after Environment and Land Court Judge Oscar Angote on Friday dismissed an application on jurisdiction.

In its ruling, the court said that it has supervisory jurisdiction over the tribunals and subordinate courts, adding that it also has powers to act on issues relating to contempt of court.

Baraza on Thursday last week failed to appear in court as had been directed; instead, his lawyers told the court that he was sick and presented documentation in a bid to prove the same.

This came as 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.

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.