Two senior officials from the Kenya Railways Corporation have been found in contempt of court over the demolition of businesses on a disputed land despite orders stopping any interference with the proper.
In the ruling, Justice Oscar Angote found Kenya Railways Managing Director Philip J. Mainga and Stanley Gitari guilty of disobeying court orders issued on March 11.
“The essential elements necessary to establish contempt of court have therefore been proved,” the judge stated in the ruling.
The case was filed by Superclean Shine Enterprises Limited and King Prime International Limited after structures linked to Kiambu Governor Kimani Wamatangi were demolished on the contested parcel of land located off Langata Road.
The companies told the court they were legally occupying the land under a valid lease and had obtained orders barring any demolition or construction activities pending the hearing and determination of the case.
However, the demolitions allegedly continued despite the orders, prompting the companies to seek contempt proceedings against the Kenya Railways officials.
An independent site inspection ordered by the court established that construction activities were still ongoing at the property.
The inspection report noted the presence of construction workers, excavated trenches, piles of building materials and heavy machinery including a road roller and paving equipment at the site.
The court also found that masonry works connected to the construction of a boundary wall were ongoing near the railway line.
Justice Angote dismissed claims that the works were taking place outside the disputed property, saying the inspection report confirmed that activities were happening within the contested area.
“Consequently, the respondents’ contention that the activities were occurring on a distinct portion outside the area in issue is not borne out by the independent site visit report,” the court ruled.
The judge ruled that the two officials were fully aware of the court orders but deliberately failed to comply with them.
The court has now directed Mainga and Gitari to appear before it on a date to be set for mitigation and sentencing, while Kenya Railways Corporation was ordered to bear the costs of the application.
“Philip J. Mainga and Stanley Gitari, to appear before this court on a date to be fixed by the court for mitigation and sentencing,” the judge further directed.
The petition revolves around ownership and occupation of the disputed parcel, with the companies maintaining that they were lawfully in possession of the land before the demolitions occurred.
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