Kenya Railways boss faces six-month jail term over eviction of man
Kenya Railways Corporation Managing Director Philip Mainga before the National Assembly Public Investments Committee on Commercial Affairs & Energy at Panari Hotel, Nairobi on Tuesday, October 24, 2023.
What you need to know:
- In the case, Brecade limited and Dr Cyrus Njiru obtained a court order on October 31 2022 restraining the state company from evicting him from his premises at Mzima Springs in Lavington.
- Dr Njiru had sued the company to stop his eviction from the property, which is owned by Kenya Railways.
The Kenya Railways Corporation (KR) managing director Philip Mainga risks six months in jail after a magistrate ordered his arrest for disobeying a court order over the eviction of a man from a property in Lavington.
In a letter dated 25 March, law firm Muriungi & Company Advocates directed Inspector General of Police Japhet Koome to execute the warrant of arrest against Mr Mainga as directed by Milimani Commercial Court Chief Magistrate Wendy Micheni on February 22.
"The Court has directed that you arrest the said Philip Mainga and produce him before the Chief Magistrate of the Milimani Commercial Court.
Please inform the undersigned when the said person is arrested so that we can be present in court on the date of his presentation," the law firm said in the letter.
In a ruling on February 22, Ms Micheni dismissed an application by Mr Mainga for an adjournment of the matter, saying the case had been pending for over a year.
"The situation smacks of impunity.
To the extent that there may be medical records, they are being treated with suspicion because of the past conduct of the accused (Mr Mainga)," the magistrate said.
Ms Micheni said the remaining solution was to issue a warrant of arrest against Mr Mainga. "The said warrant, if issued, should be executed by the Inspector General of Police," the court said.
In the case, Brecade limited and Dr Cyrus Njiru obtained a court order on October 31 2022 restraining the state company from evicting him from his premises at Mzima Springs in Lavington.
Dr Njiru had sued the company to stop his eviction from the property, which is owned by KR, pending the determination of his case. However, he was evicted the same day.
He later obtained court orders to be allowed to enter the premises to collect his personal belongings, but was prevented from entering by police officers.
And despite being served with the court order, the police officers manning the gate said they had been instructed by Mr Mainga not to let him in.
Dr Njiru's wife later attempted to enter the compound and was allowed to take away her personal belongings and three vehicles on 4 November.
Mr Mainga had defended himself by saying he was not personally served with the court order.
"It is clear from the foregoing that the respondents (KR), despite being aware of the court order restraining the said eviction, proceeded to complete the eviction," Justice Heston Nyaga (then a magistrate) said on March 17 last year.
Justice Nyaga added that he was satisfied from the evidence before him that Mr Mainga was aware of the terms of the court order dated October 31, 2022, and that notwithstanding such knowledge, he proceeded and evicted Dr Njiru in contravention of the terms of the order.
"Put differently, the applicants have demonstrated the tests for contempt which are a prerequisite to the grant of the orders sought," the court said at the time.
