Auctioneer behind the demolition of Westlands home to be sentenced for flouting court orders

Zachary Barasa at Milimani Law Courts, November 9, 2022. [Collins Kweyu, Standard]

The auctioneer behind the Westlands house demolition will be sentenced on Wednesday for defying court orders.

Environment and Lands Court judge Oscar Angote ordered that Zachary Barasa should appear before him for mitigation and sentencing after finding that he ignored court orders barring him from evicting or demolishing the house belonging to Niraj Shah.

Although Barasa told the judge that he was not the one who demolished the house, Justice Angote found his explanation wanting as he carted away the items in the property.

"The issue of who actually demolished the building, for now, is neither here nor there. Having found that the auctioneer went on a frolic of this court, he is in contempt of the orders of the court, which were issued, in the presence of his advocate Mr Nyanyuki (Edwin). The said auctioneer will appear in court for mitigation and sentencing," ruled Justice Angote.

Barasa said he was told by the lawyer that the magistrate's court had not issued any orders barring him from evicting Niraj and his family.

He says he saw no need of extracting the orders as the lawyer had confirmed that the court had barred him from evicting the family.

Samuel Chepkwony, the director of Lariak Properties Limited, the company claiming ownership of the property, said he instructed Edwin Nyanyuki to file a case against Metro Pharmaceuticals Limited on October 18, 2022.

He alleged that Nyanyuki informed him that the magistrate's court had granted him the orders. According to Chepkwony, he had no reason to doubt his lawyer.

He told the court that he then proceeded to hire Barasa to effect the orders.

Nyanyuki on his part claimed that he attended the virtual court and the orders issued were different from the written orders.

The court heard that Niraj and his wife lost items worth around Sh70 million.

Meanwhile, Sergeant Eric Onyango, the investigator told the court that he needs time to recover items vandalised from the property.