•Zachary Baraza of Siuma Auctioneers was last week ordered by Justice Oscar Angote to appear in court Thursday to be sentenced for defying a court order.
•He said Baraza abused his powers as an auctioneer by evicting the family without express orders from the court
An auctioneer at the centre of the illegal demolition of a property in Westlands on Thursday failed to appear before the Environment and Lands Court as ordered for sentencing.
Zachary Baraza of Siuma Auctioneers was last week ordered by Justice Oscar Angote to appear in court Thursday to be sentenced for defying a court order.
He said Baraza abused his powers as an auctioneer by evicting the family without express orders from the court.
His lawyer told the Court that Baraza is sick and presented documents in court to prove the same.
At the same time, he challenged the authority of the Judge to punish him for disobeying a court order emanating from the Magistrates court.
Lawyer Ndegwa Njiru said the court with the jurisdiction to punish him can only be the one that issued the disputed orders.
Njiru said the only way the Judge can handle the issue is when its been moved to do so through an appeal.
"You have no power to call for a file from the lower court," said Njiru.
He added that the ELC has no supervisory jurisdiction over subordinate courts and can only deal with appeals.
Lawyer Duncan Okatch who is representing Lariak investments also supported the arguments by Njiru.
In addition National Association of Kenya has sought to be enjoined in the matter saying that their input will help the court reach a just decision.
Justice Angote said he will deliver a ruling on the issue of jurisdiction on Friday next week.
Edited by Bosco Marita