Swazuri fights Sh1m fine in contempt case
What you need to know:
- In their application, filed under a certificate of urgency, the commissioners asked the court to suspend its March 16 judgment pending the hearing of their petition.
- The court ordered Inspector- General of Police Joseph Boinnet to ensure the commission members were arrested and taken to Nakuru GK Prison if they failed to pay the fine.
- The four, said Justice Munyao, had been given a chance to defend their actions — discussing a matter under civil litigation, even after they had been warned by lawyers representing Lomolo (1962) Ltd against doing so.
National Land Commission Chairman Muhammad Swazuri Wednesday moved to court seeking to have a Sh1 million fine imposed on him and three commissioners for contempt dropped.
Dr Swazuri and commissioners Tomiik Mbuya, Abigail Mbagaya and Emma Muthoni Njogu told the court that it was wrong to fine them Sh250,000 each or jail them for three months since they had not been personally served with the contempt papers.
In their application, filed under a certificate of urgency, the commissioners asked the court to suspend its March 16 judgment pending the hearing of their petition.
Environment and Land Court judge Sila Munyao allowed the commissioners to pursue their case. He, however, ordered them to deposit Sh100,000 each with the court as a sign of good faith before the file is mentioned for directions.
Last week, Justice Munyao ruled that the four had displayed contemptuous behaviour and ought to be punished. He said they were a bad example to other senior government officers and the public.
NAKURU GK PRISON
The court ordered Inspector- General of Police Joseph Boinnet to ensure the commission members were arrested and taken to Nakuru GK Prison if they failed to pay the fine.
The four, said Justice Munyao, had been given a chance to defend their actions — discussing a matter under civil litigation, even after they had been warned by lawyers representing Lomolo (1962) Ltd against doing so.
The company had obtained an injunction against the commission, barring it from entertaining a complaint filed by 150 members of the Kombeiywo community over alleged historic injustices.
Lawyer John Githui for Lomolo Ltd successfully sought orders to have the four cited for contempt, saying the commission publicised the complaint by the company.
He said the commission invited all the parties in the dispute to its headquarters for a meeting. Mr Githui attended the meeting and delivered the order but the commissioners told him: “NLC is a constitutional commission that enjoys independence against interference from courts.”
