Paul Gathigu Gachie has moved to court and wants the CS Lands Farida Karoney and the Ministry’s Director for Land Administration Edward Kosgei to be jailed of contempt of court.
Gachie told the court that Karoney and Kosgei issued instructions that legal notice no 106 dated 14th June 2019 be implemented in breach of terms of the court made on 26th July 2019.
The legal notice allowed the Land Administration officer and Senior Assistant Director to sign leases or licenses in relation to private land.
The legal notice was not to be implemented until Gachie’s case was heard and determined.
Court documents indicated that Karoney had issued instructions that legal notice no 106 dated 14th June 2019 be implemented in breach of the terms of the court order made on 26th July 2019.
Gachie said the officers do not have the powers.
Others granted powers by the minister to sign leases and licenses included deputy director land administration, senior assistant director land administration, assistant director land administration, principal land administration officer and chief land administration officer.
The case was filed before the Environment and lands court in Eldoret.
The stop orders were issued by Justice A. Ombwayo.
In the contempt application filed in February 2020, Gachie wants Karoney and the director of land administration Edward Kosgei be found in contempt of court for disobeying the orders that were given on July 26, 2019.
“Upon being found to have disobeyed the orders that were given by the court, CS Karoney and Kosgei be detained in prison or any other rehabilitation facility all for a period of two years and each of them be made to pay a fine of Sh20million”, Gachie told the Court.
He said Kosgei has further issued a notice confirming Karoney’s instruction and calling for the implementation of the gazette notice and is signing leases in relation to private land with impunity in outright breach of the terms of the orders.
Gachie adds that the conduct of the contemnors is unjustified and calculated attack on the court and is meant to bring the administration of justice into disrepute and contempt.