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Nun risks jail for contempt of court

Monday February 9 2015

Laikipia MCAs

Justice Hatari Waweru ruled that the court papers filed by the petitioners were defective as they lacked a supporting affidavit. PHOTO | FILE | NMG 

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A nun risks being jailed for contempt of court in a school land dispute with a developer.

Sr Mary Killeen of Sisters of Mercy, the St Catherine School Board of Governors, Mr Peter Irati and headteacher Francisca Anyango have been sued for contempt by Nemka Commercial Agencies.

The company says they extended the school fence in defiance of a court order.

Company directors Nelson Kamau and David Mburu said the respondents encroached on their land and were using it as a playground.

“They have taken over the land, fenced it, put up structures on some portion and turned the remaining into a playing field. They have been doing so in spite of a court order,” said Mr Mburu.



The school, which is opposite Mater Hospital in South B Estate, Nairobi, has been embroiled in a protracted dispute with the developer.

Nemka went to court in 2009 and obtained orders stopping any development on the land until the matter was heard and determined.

The company says it is the genuine title holder and that the school management has been frustrating its efforts to develop the land.

“The school has been mobilising members of the community to destroy the fence and our drainage system. They even burnt the machinery we had stationed at the site,” said Mr Mburu.

The school management maintained that the land belonged to the institution. They denied mobilising hooligans to destroy the machines but said it was a genuine protest by concerned parents.

The court directed the school to file its responses to the contempt application within 14 days and scheduled the hearing to March 10.