A former magistrate, his two siblings and their century-old mother risk spending two years in jail or paying a fine of Ksh20 million for disobeying a court order to vacate a parcel of land in Kericho.
Gilbert Kimutai Koech, a retired magistrate, his siblings Livingstone Kipkorir Koech and Charles Kipngeno Koech, and their mother Peninah Nyambura too, have been ordered to vacate the land through orders dated April 12, 2019, and July 7, 2020, but declined to do so.
The landowner Wilson Kipngeno Koech sued his siblings and their 100-year-old mother and obtained orders for eviction.
Judge Mary Clausina Oundo has since found the three brothers and their mother guilty of declining to obey court orders issued on July 7, 2020, to vacate the land belonging to Wilson and ordered them to appear before her for sentencing on February 7, 2024.
In the intriguing family dispute, Wilson sued in 2025 claiming ownership of the property and the Environment and Land Court in a judgement rendered on May 18, 2028, declared him as the owner of the parcel of land and an order for eviction to his brothers and mother Nyambura was issued.
Nyambura claims to have lived on the land which she claims to be her matrimonial home for over 50 years before the eviction.
Immediately after being granted possession of the land, on July 17, 2020, Wilson with the help of the OCS Konoin police station enforced the eviction order where his three brothers, mother and relatives who were residing in the property, were kicked out as ordered by the court.
He consequently constructed a house on the said property and got occupation of the land.
The court papers reveal that aggrieved by the eviction order Gilbert, his mother and siblings on account of material non-disclosure and outright deceit of ELC order however obtained a stay of execution order in the Family High Court.
On the strength of the Family court order, Wilson says that the four destroyed the boundary fence, demolished his house and began constructing a permanent building therein thus unlawfully dispossessing him of the property.
Following the turn of events, Wilson filed contempt of court proceedings against his brother Gilbert and his mother Nyambura for disobeying court orders, continuing to build a permanent house and residing on his property.
In his application, he sought the court to find them guilty of contempt of court and be jailed in prison.
"Gilbert indicated to me that there is nothing that l can do to him and he will not leave the land since he was previously a magistrate," Wilson told the judge.
In her ruling, Justice Oundo noted that Gilbert and her mother did not file any response to the suit but filed a replying affidavit to the contempt of court proceedings where they urged the court to dismiss the application claiming they are the real owners of the disputed estate.
"Nyambura had lived on the suit land for over 50 years and the eviction order was against Gilbert only as she was neither a party nor privy to the ELC proceedings that gave the eviction orders and hence she could not be said to have trespassed on the land that belonged to her," the elderly woman's lawyer told the judge.
She went on to state that if at all there was contempt of court orders, then the contemnor was Wilson who by her conduct of being a widow had lived on the suit property for more than 50 years.
While finding them guilty of contempt of court, Justice Oundo concurred with Wilson that Gilbert and her mother decided to circumvent the law by moving to the Family Division High Court to obtain belated orders of stay after their eviction had already been concluded.
The judge said that Wilson took all the right steps by involving a surveyor and the OCS Konoin police station as earlier directed by the court.
Oundo said that Gilbert and her mother Nyambura willfully and intentionally defied orders of the court despite having knowledge of the same.
The judge condemned the action of the former magistrate Gilbert for destroying the boundary fence, demolishing his brother's house and going ahead and constructing a permanent building where he together with his mother and two other brothers now live, terming it as a deliberate attempt to subvert the rule of law.
"Gilbert's actions demonstrated a clear picture of his high standards of not complying with court orders where he engaged in tactics that were meant to frustrate his brother Wilson from enjoying the fruits of his Judgement. The issue of obedience to court orders is now topical," Justice Oundo stated.
"Him being a former judicial officer would be on the forefront in obeying court orders not only as a demonstration of his allegiance to the rule of law but also, as an example to the people in his village. But instead, he chose to abuse the judicial process with wanton abandon."
According to the judge, section 29 of the Environment and Land Court Act is very clear that any person who refuses, fails or neglects to obey an order or direction of the Court given under the Act shall, on conviction, be liable to a fine not exceeding Ksh20 million or imprisonment for a term not exceeding two years, or to both.
Justice Oundo informed Gilbert and her mother that they have no prerogative to decide which court orders they will obey and which ones they will not.
She consequently ordered them to appear before her on February 7, 2024, for mitigation and sentencing.
