Home Featured Kisumu city manager fined 500,000 shillings for contempt over demolition despite court order
Featurednews

Kisumu city manager fined 500,000 shillings for contempt over demolition despite court order

Share
Share

The Environment and Land Court has fined Kisumu City Manager Abala Wanga Sh 500,000 for contempt of court after finding he defied an order barring the county government from interfering with a disputed property, warning that further disobedience could result in imprisonment.

Justice E.K. Wabwoto on Wednesday ordered Wanga to pay the fine within 30 days or serve 30 days in civil jail after upholding an earlier finding that he had disobeyed a court order issued in December 2023.

The contempt finding stemmed from a ruling delivered on July 18, 2024, in which the court held that Wanga, who led an eviction and demolition exercise as Kisumu City Manager, had violated an injunction restraining Kisumu County officials from repossessing, demolishing or interfering with property known as Kisumu Municipality/Block 5/25.

The injunction was issued on Dec. 15, 2023, after Calvin Ariko Lukio, Lawi Raburu Javan and another plaintiff sued the County Government of Kisumu over ownership and possession of the land.

Kisumu City Manager Abala Wanga

Despite being served with the order the same day, county officials carried out demolitions and evicted tenants from the property on December 19, 2023, prompting the plaintiffs to seek contempt proceedings.

In mitigation before the court, Wanga said he had acted within his administrative mandate and argued that the disputed property had accumulated land rates arrears of about Sh 18 million.

He also said some structures on the land posed security risks and that affected occupants had been relocated, except for one church.

Wanga told the court the county had used its own funds to replace some facilities and had attempted mediation with the plaintiffs before negotiations collapsed. He pleaded for leniency and asked the court to pardon him.

The plaintiffs opposed a lenient sentence, arguing that court orders must be obeyed regardless of disputes over ownership or unpaid land rates.

Their lawyer said Wanga had not purged the contempt because the plaintiffs had not been restored to possession of the property as ordered by the court.

In his ruling on sentence, Wabwoto said public officials were expected to uphold the rule of law and described the breach as particularly serious because the demolition took place only four days after the injunction had been issued and served.

“The rule of law would be an empty promise if those entrusted with public power were at liberty to disregard the orders of the courts,” the judge said.

The court rejected Wanga’s argument that unpaid land rates and alleged illegal structures justified the demolition, saying such issues should have been raised before the court rather than used as grounds for disregarding a valid order.

Wabwoto said the plaintiffs had still not been restored to possession of the property nearly two years after the court directed that control of the land revert to the position that existed before the demolition.

The judge declined to impose an immediate custodial sentence, citing Wanga’s expression of remorse, his status as a first-time contemnor and efforts by the county to mitigate the effects of the demolition.

He warned, however, that any further breach of court orders could attract harsher penalties, including imprisonment, and said the July 2024 order restoring possession of the property remained in force.

The court also awarded the plaintiffs the costs of the sentencing proceedings

Share

Leave a comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Uncategorized

Orengo steps up presidential ambitions as he warns against violence in Nyanza

Siaya Governor James Orengo has stopped short of declaring his presidential ambitions, saying the question of who will lead the political formation into...

FeaturedPolitics

Orengo vows to hold Homa Bay rally despite warnings of disruption

Siaya Governor James Orengo has vowed to hold a political rally in Homa Bay on Sunday, despite claims that plans are under way...

news

Kisumu Senate hopeful Odumo Gives Boda Boda Riders Shelter From Harsh Weather

Boda boda riders in Seme Constituency, Kisumu County, have welcomed the construction of shelters at three trading centres, saying the facilities will protect...

Politics

ACK church leader warns against political violence ahead of election

An Anglican Church leader has condemned political violence and the desecration of church altars as Kenya prepares for the next general election. The...

Politics

Ranguma reveals how Nyong’o helped him secure ODM ticket in 2013

Former Kisumu Governor Jack Ranguma has spoken for the first time about how his successor, Anyang’ Nyong’o, helped him secure the Orange Democratic...

FeaturedPolitics

Ranguma Announces Comeback Bid for Kisumu Governor, Vows to Revive Stalled Projects

Former Kisumu governor Jack Ranguma has officially announced his intention to contest the gubernatorial seat in the next general election, pledging to revive...

Related Articles

Orengo vows to hold Homa Bay rally despite warnings of disruption

Siaya Governor James Orengo has vowed to hold a political rally in...

Kisumu Senate hopeful Odumo Gives Boda Boda Riders Shelter From Harsh Weather

Boda boda riders in Seme Constituency, Kisumu County, have welcomed the construction...

Ranguma Announces Comeback Bid for Kisumu Governor, Vows to Revive Stalled Projects

Former Kisumu governor Jack Ranguma has officially announced his intention to contest...

PS Omollo urges calm after students killed in funeral procession accident

Principal Secretary for Interior Raymond Omollo has urged mourners to remain calm...

error: Content is protected !!