A Nairobi-based auctioneer Zachary Baraza, who is at the centre of the illegal demolition of a house belonging to an Asian family in Westlands, is now staring at two years in jail or a fine of Ksh2 million for disobeying court orders.
This is after Justice Oscar Angote of the Lands and Environment High Court on Monday, November 14 found Zachariah Baraza of Siuma Auctioneers to be in contempt of court orders issued by a lower court on October 18 and November 1.
The judge convicted the auctioneer and issued summons to have him appear in court on Wednesday at 2:30 pm for mitigation and sentencing.
Baraza disobeyed the orders by carting away the household goods that were in the house in Westlands Area, along School Lane leading to loss of property amounting to Ksh70 million.
While finding him in contempt, the judge noted that Baraza abused his legal powers as an auctioneer by evicting the family without express orders or warrants of the court.
"The auctioneer being an officer of this court went against the orders of this court issued on November 1, 2022, and October 18, 2022, to the extent that the auctioneer did not have express authority of the lower court to evict the Respondents (Metro Pharmaceutical limited) or the people in the suit property," Justice Angote said.
"Having considered the affidavits of the auctioneer and directors of the plaintiffs and considering that the auctioneer, Zacharia Barasa trading as Siuma Auctioneers, purported to cart out, household goods and an eviction and without warrant to execute or duly signed warrants by court it is finding of this court he did not only act contemptuously but abused powers that he has as an agent of this court.
Environment and Land Court Act provides that whoever disobeys orders of the court is liable for imprisonment of two years or a fine not exceeding Ksh2 million.
According to the judge, the eviction by the auctioneer "was completely contrary to orders of October 18 and November 1, 2022" which expressly prohibited him from evicting persons or residents living on the land.
"It is the finding of this court that he did not only act contemptuously but abused powers that he has as an agent of this court. The issue of who actually demolished the building, for now, is neither here nor there having found the auctioneer went against court orders by evicting the residents without express orders of the court or warrants. I find that he is in contempt of the orders which were issued in presence of his advocate Nyanyuki," Justice Angote stated.
Currently, the Directorate of Criminal Investigations (DCI) is probing the circumstances under which the multi-million property was vandalized where Baraza is a prime suspect.
The family of Niraj and Avani Shah was evicted from their home along School Lane by an auctioneer.
Niraj said he was still in shock at the sight of the rubble which has been his family's home since 1978.
The Shahs maintain that they are the legal occupants of the property since their lease to the land is still valid.
They added that they are still in possession of a court order dated November 1, 2022, which directs that the plaintiff (Lariak Properties) be restrained from trespassing or interfering with their possession of the land.
It is said that a search at the registrar of companies showed that Lariak properties was registered in 2002 and has four directors namely Nathaniel Kipkemboi Barmasai, Samuel K. Chepkwony, John Kamaiyoa Rotich and Joel Kiplangat who are said to be connected to a high profile person in the country.
