NAIROBI, Kenya, Feb 25 – The Court of Appeal has stopped the hearing of a contempt of court application made against auctioneer Zacharia Baraza over the demolition of a couple’s house in Westlands.
Justices Daniel Musinga, Kathurima M’Inoti and Dr Imana Laibuta stopped the hearing of the application to lock up Baraza after the invasion and destruction of a house belonging to Niraj and Avani Shah.
The judges ruled that his application lacked merit and ordered him to file an appeal for 45 days to quicken the case hearing.
The judges in their judgment said that Barasa had made a case to suspend orders from Environment and Land Court Judge Oscar Angote for sentencing him.
In his application, Baraza argued that he was close to being sentenced to two years in prison or paying a fine of two million shillings on the basis of a process that is impugned in the intended appeal.
Baraza rushed to the Court of Appeal after Justice Angote dismissed his argument that the Lands Court lacked jurisdiction to jail him for contempt of court since he had a similar case at the Magistrates court.
He was found guilty of contempt and summoned for jailing on Thursday, February 16, 2023.
In the case before Justice Angote, Baraza is accused of using forged or unlawfully obtaining orders from the Chief Magistrates Court which he used to evict the Shah’s and destroy their home.
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