KBC wants Joho jailed for contempt
Mombasa Governor Hassan Joho addresses the press after a perimeter wall erected by KBC was brought down in Mombasa on September 30, 2016. KBC has sued him. PHOTO | KEVIN ODIT | NATION MEDIA GROUP
What you need to know:
- The order restrained the defunct Municipal Council of Mombasa from interfering with the suit property pending hearing and determination of the matter.
- Mr Saende further asked the court to permit the respondents to be served with the application by way of advertisement in one of the local daily newspapers.
The Kenya Broadcasting Corporation (KBC) has sued Mombasa Governor Hassan Joho and two county executives for intentionally disobeying a court order over a disputed piece of land.
Through lawyer Protus Saende, the State corporation wants Mr Joho, County Secretary Francis Thoya and Lands Executive Anthony Njaramba committed to a civil jail for contempt of court for demolishing a wall it had built around the land.
In the suit papers filed before Mombasa High Court Judge Anne Omollo, KBC argued that the three officials wilfully and deliberately disobeyed an order issued by Justice Mohammed Ibrahim on September 25, 2012.
The order restrained the defunct Municipal Council of Mombasa from interfering with the suit property pending hearing and determination of the matter.
“The respondents’ action is in contempt of this honourable court,” said the national broadcaster.
“It is imperative that the matter be heard and determined at the earliest possible opportunity in order to preserve the dignity of the court and to stop further damage and interference with court orders.”
On April 27, the court gave an order permitting KBC to fence the land, located in Kisimani, at its own cost, following its complaint of encroachment.
KBC wants the court to order the respondents to pay Sh1.9 million as one of the conditions of purging the contempt.
It claims it had used the money to fence the suit property, which the respondents and their agent demolished.
Mr Saende further asked the court to permit the respondents to be served with the application by way of an advertisement in a local daily newspapers, to which the respondents’ lawyers, led by Mr Paul Buti, did not object.
The corporation also asked the court to allow the usage of the video footage of the alleged contemptuous actions of the respondents when the matter come up for inter-partes hearing on October 18.
