Amos Njugi Wachira testifying before Environment and Land Court judge Jaqueline Mogeni. His property at Pangani was demolished after Kachuodho Holdings Limited and Stephen Ocholla Sangira claimed ownership. [File, Standard]
Politician’s lawyer locked out of a property demolition case as judge summons bank’s lawyer
A lawyer of a politician accused of illegally demolishing a property belonging to a Kenyan living in Ireland in Pangani, Nairobi was locked out of the hearing for failing to file his appointment documents.
It emerged that Stephen Ochola Sangira and his company Kachuodho Holdings Limited had contracted Justus Mutunga to appear before Environment and Lands Court judge Jaqueline Mogeni on Tuesday.
This was however on the eve of the hearing when the new lawyer asked the court to adjourn the proceedings.
Amos Njugi Wachira who works and lives in Ireland filed the case.
However, Njugi’s lawyer Kimondo Mubea informed the judge that it was habitual for Ochola to bring in a new lawyer who would then vanish without filing their appointment letters.
He stated that new lawyers had appeared for Ochola and Kachuodho thrice only to leave and never return.
Mutunga pleaded with the court not to punish his client for past mistakes.
However, he too had not filed his notice of appointment.
Justice Mogeni declined to adjourn after finding that Ochola had enough time to hire a new lawyer and regularise the same before yesterday’s hearing.
When Njugi took the stand, Mutunga did not return to the court too.
Ngugi urged the judge to consider that his Sh55 million investment was illegally brought down. On average, the court heard, it was earning him more than Sh100,000 a month in rent.
At the same time, the judge summoned Housing Finance Corporation of Kenya (HFCK) legal officer Hedaya Malesi to explain why she should not be jailed after she sent a colleague to present a photocopy of a title instead of the original copy.
The judge stated that it was contemptuous for the HFCK officer Joel Rono to tell the court that the document he presented was original while knowing it was a copy.
Stay informed. Subscribe to our newsletter
She had stated that he would cool his heels behind bars for perjury, but she let Rono go with a warning that he should not repeat the same in the future.
“This order will be extracted and served to the said Hedaya Malesi by the court bailiff. The witness is hereby stood down with a warning to ensure that his appearance in court does not expose him to committing a civil crime of perjury. Mr. Rono I forgive you today but, in the future, you may not be lucky before another court,” the judge said.
Njugi stated that his property was demolished two years ago. He explained that Kachuodho Holdings and Ochola moved to the magistrate’s court and alleged to have served him with papers at Eastleigh despite him not being in the country.
He said that Ochola allegedly sent goons to his property, demolished it with the help of the police then vanished.
Justice Mogeni y heard that despite Ochola and Kachuodho filing the case before the lower court, they never showed up, resulting in the case they had filed being dismissed.
At the same time, Ngugi testified that even before the High Court, the two never filed a reply or asked a lawyer to appear on their behalf.
Njugi in his case also sued the Nairobi County, Chief Land Registrar, Inspector General of Police, and Attorney General.
The AG and county government told the court that they will not call any witnesses in the case.
In his case, Njugi told the court that on October 28, 2021, persons who had been hired by Kachuodho and Ocholla invaded his property and demolished it on the allegation that they had a 99-year lease.
According to him, the firm and Ocholla then proceeded to the magistrate’s court which aided him to evict his tenants and demolishing it.
“ Police officers acting under the authority of the fifth defendant (AG) escorted the goons and provided them with protection to demolish the property. The fifth respondent is thus liable for all damages arising from the said malicious damage alongside the first, second, and third respondents,” Njugi said.
He wants the court to order the government to pay him Sh19 million for loss, alongside the value of his property.
Discussion about this post