Auctioneer in Westlands eviction arraigned as it emerges demolition order might have been forged

  • High Court judge Oscar Angote has questioned the eviction and subsequent demolition that went against a court order issued by a lower court.

The High Court in Nairobi has ordered the lawyer and the auctioneer who effected the eviction and demolition of a Ksh.80 million home in Westlands to swear affidavits explaining circumstances that led to the wrongful implementation of an order that expressly prohibited them from demolishing the said property.

High Court judge Oscar Angote has questioned the eviction and subsequent demolition that went against a court order issued by a lower court.

The auctioneer, Zachary Baraza, who is in police custody was arraigned on Wednesday under a miscellaneous application.

He was arrested on Tuesday night for illegally effecting the eviction before being presented before Duty Magistrate Gilbert Shikwe on Wednesday.

The prosecution sought 14 days to have him detained as they complete investigations.

They want investigators to access the demolished property belonging to Niraj Shah and his wife Avani Shah so as to quantify the damage and create an inventory of items allegedly stolen from the house during the demolition.

Baraza’s lawyer, Bryan Khaemba, opposed the application saying that his client was not a flight risk and is not in a position to interfere with investigations.

After hearing both sides, Shikwe will on Thursday rule on whether the prosecution’s request will be granted or the suspect will be granted  bail.

Later in the afternoon, in an inter party hearing that was only attended by the lawyer representing the auctioneer and the firm laying claim to the contested piece of land in Westlands; Lariak Properties, Justice Angote pointed out that the order used by the auctioneer and his clients to effect the eviction and subsequent demolition of the Ksh.80 million house was misinterpreted.

An order issued by the lower court on November 1, 2022 expressly stated that the restraining orders should not be interpreted as an eviction order against the Shah's.

Baraza, on behalf of Lariak Properties, however presented an order reportedly from the same court dated October 18, 2022 that left out the detail.

The matter will be determined by the High Court on Monday next week. 

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