Ex-parents association boss Nicholas Maiyo faces jail term
Kenya National Parents Association chairman Nicholas Maiyo.
What you need to know:
- The ousted chairman of the National Parents Association Nicholas Maiyo has been ordered to appear in court for committal to jail for allegedly refusing to hand over to the newly elected officials.
- Mr Maiyo was directed by Justice Hedwiq Ong’udi to hand over to Mr Silas David Obuhatsa the accounts and offices of the association.
- However, Mr Maiyo and the others defied that order and have now been directed to appear before the judge on October 6 to explain why he breached the court orders.
The ousted chairman of the National Parents Association Nicholas Maiyo has been ordered to appear in court for committal to jail for allegedly refusing to hand over to the newly elected officials.
Mr Maiyo was directed by Justice Hedwiq Ong’udi to hand over to Mr Silas David Obuhatsa the accounts and offices of the association.
However, Mr Maiyo and the others defied that order and have now been directed to appear before the judge on October 6 to explain why he breached the court orders.
Mr Obuhatsa has applied to have the outgoing officials arrested by the Inspector-General of Police and arraigned for committal to jail.
The order for Mr Maiyo, Jeremiah Nyakundi and Sarah Kagendo Mitambo to appear in court for prosecution over alleged contempt was granted by Justice Mugure Thande on September 27.
Justice Thande certified as urgent the application by Njeri Ngunjiri for the new officials who urged the court to stamp its authority by jailing Mr Maiyo and others for their defiance.
Cited for contempt
“I urge that Maiyo and other alleged contemnors be cited for contempt then punish them for willfully disobeying, ignoring and/or disregarding lawful orders issued and/or granted by this court on September 19, 2022,” Ms Ngunjiri pleaded.
Mr Obuhatsa wants his predecessor and the others committed to Nairobi Industrial Area Remand Prison and Nairobi Women Prison in Langata for a duration not exceeding six months and/or a period the court may deem fit.
The court orders issued on September 19 were served upon Mr Maiyo and others on September 20 and the affidavit of service was filed in court on September 26.
The court heard that when the contemnors were served with the orders, the applicants on September 21, 2022, visited the offices association’s offices at the Re-insurance Plaza to be handed over the office but they were prevented from accessing the offices.
Even after being served with the court order and knowing the consequences of ignoring them, Mr Maiyo called a media conference on September 22 where he allegedly informed the public that they should not be worried because he does not recognise the orders and as such he was going to continue discharging his duties.
Mr Maiyo told the Nation that he and his team will appeal the case as they are legally elected officials under the Basic Education Act.
“Our elections were done from the classroom level to the national level. For one to be elected, they must have children in public primary and secondary schools,” said Mr Maiyo.
Mr Obuhatsa told the court that the contemptuous actions of the contemnors and instructing the association’s employees to prevent Mr Obuhatsa and the others from accessing the offices as bona fide elected officials is impunity of the highest order and the court should not allow it.
It is for this reason that Mr Obuhatsa wants the court to punish Mr Maiyo and the other contemnors.
Mr Obuhatsa’s lawyer told the court that the contemnors have for the past few days been boasting that they will not comply with the orders of the court and unless they are punished they will continue disobeying the orders of the court.
