Westlands evictions auctioneer lawfully convicted - Judge

He said the auctioneer was afforded an opportunity to be heard.

In Summary

•Ndegwa said he would be moving to the Appellate Court to suspend Angote's decision.

•Baraza through Lawyer Ndegwa Njiru said the only way the judge can handle the issue is when he has been moved to do so through an appeal.

 

Niraj and Avani Shah's demolished house in Westlands Nairobi. November 9, 2022.
UNLAWFUL EVICTION: Niraj and Avani Shah's demolished house in Westlands Nairobi. November 9, 2022.
Image: WINNIE WANJIKU

Environment and Lands Judge Oscar Angote has said he lawfully convicted an auctioneer who defied a court order blocking the destruction of property in Westlands.

Zachary Baraza of Siuma Auctioneers had challenged the jurisdiction of Angote to punish him, saying it can only be done by the court that issued the disputed orders.

Baraza through Lawyer Ndegwa Njiru said the only way the judge can handle the issue is when he has been moved to do so through an appeal.

But Angote, in his ruling on Friday, said his court has supervisory jurisdiction over the subordinate courts.

He said there was a miscarriage of justice and that the auctioneer was afforded an opportunity to be heard.

Immediately after the ruling, Ndegwa sought to know from the judge the scope of his supervisory jurisdiction.

"Are you supervising the action and conduct of the court or my client Zachary in trying to find there was a miscarriage of justice?" pose the Judge

Angite directed Ndegwa to file a Preliminary Objection (PO) and argue the new developments.

He made it clear he would not sentence his client on Thursday, pending other applications filed by the parties in the court.

At the same time, Ndegwa said he would be moving to the Appellate Court to suspend Angote's decision.

Baraza has since been charged before the lower court with robbery with violence contrary to Section 296 (2) of the Penal Code for allegedly robbing Niraj Batuk Shah and Avani Niraj Shah's household goods and jewellery worth Sh18 million on November 4, 2022.

The auctioneer denied the charges before Nairobi Senior Principal Magistrate Robinson Ondieki who released him on a cash bail of Sh2 million.

The case will be heard on December 11.

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