The Court of appeal has suspended proceedings before a Lands Court involving an auctioneer accused of defying a court order stopping the demolition of a Couples property in Westlands.
The proceedings before Environment and Lands Court (ELC) Judge Oscar Angote will remain suspended for the next 45 days pending an intended appeal to be lodged by Zacharia Baraza.
Angote had last year said he lawfully convicted Baraza for defying a court order blocking the destruction of the property in Westlands.
He was to appear in court for sentencing this year but this will have to await the outcome of the appeal Baraza intends to file.
Baraza in his court documents says Angote lacks the jurisdiction to punish him.
The punishment he argues can only be done by the court that issued the disputed orders.
The intended appeal by Baraza raises various questions among them whether the ELC has supervisory jurisdiction over subordinate courts, and whether Zachariah was afforded a fair hearing before he was found to be in contempt.
Court of Appeal Judges Daniel Musinga, Kathurima M'Inoti and Dr Imaan Laibuta said the intended appeal will be rendered useless if the proceedings are not suspended.
"Baraza is on the brink of being sentenced to two years imprisonment or to a fine of Sh2 million on the basis of a process that is challenged in the intense appeal."
Baraza has been accused of invading and destroying the house belonging to Niraj and Acani Shah in the Westlands area.
