Mombasa Governor Hassan Joho to answer contempt charges

Governor Hassan Joho

Governor Hassan Joho has 21 days to file his defence in a contempt case against him.

The Kenya Broadcasting Corporation (KBC) has sued Mr Joho and two county officials for allegedly tearing down a perimeter wall on a disputed 22 acres against a court order.

In 2010, the national broadcaster obtained a temporary injunction in a case in which it sued the defunct Mombasa Municipal Council, accusing it of trespassing.

Since then, KBC and the Mombasa County have been locked in a civil dispute over ownership of the property.

Last year, the county opposed KBC’s plan to build a wall around the disputed plot, prompting the corporation to obtain a court order in May this year allowing it to complete the fencing off of the property.

But on September 30, 2016, county askari and hired youths brought down the wall, prompting KBC to sue for contempt.

Last week, KBC filed the contempt proceedings seeking orders to jail Joho, County Secretary Francis Thoya and Land Executive Antony Njaramba for disobeying a court order.

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The contempt proceedings failed to start yesterday as the governor’s legal team asked for more time.

Lawyers Lucy Momanyi and Paul Butti told Justice Anne Omolo that they were not able to respond to the application filed by KBC because they needed more time to meet their client for a proper brief.

Last week, Justice Omolo certified KBC’s application as urgent and ordered the two parties to appear before her yesterday.

Joho’s lawyers said they needed 21 days to enable them to meet the governor and his officers.

The lawyers insist Joho did not trespass on the KBC land.

They argued that orders made on April 27 this year and issued on May 12, 2016, allowing KBC to proceed with building the wall should be stayed until the suit they filed was heard and determined.

The lawyer also accused KBC of using the order to put up a perimeter wall before obtaining clearance from the county government as stipulated in the physical planning law.

Ms Momanyi insisted there was an existing order from the Court of Appeal restraining KBC from proceeding with the construction.

Yesterday, the judge wondered why her orders via The Standard and the Daily Nation to have the governor and his officers served were not obeyed.

The order to serve Joho through the newspapers was made after KBC complained that an attempt to serve him was not possible because of the security around him.