Naivasha Deputy County Commissioner found guilty of contempt in prime land case

High Court judge Mary Oundo found the DCC guilty of ignoring two court orders that had stopped the demolition and fencing of a prime parcel of land next to the Naivasha law courts.

Naivasha OCPD Wilson Sigei, however, walked free after the court found out that though he failed to enforce the orders, he had given a satisfactory explanation for the lapse.

Last week, the court issued summons to the two officers to show cause why action should not be taken against them for ignoring the orders.

During the ruling, the DCC failed to turn up in court as he was ailing and instead a State Counsel from the Attorney General (AG) moved in to represent him.

In her ruling, the judge noted that the State Counsel from the AG could not represent the DCC against a contempt citation as this was a personal matter.

“The Attorney General has no constitutional mandate to use State machinery to defend an individual against a penal charge of personal defiance for failing to show cause,” she said.

Oundo further noted the DCC response to the service of court orders and the notice to show cause was marked by open hostility, arrogance and fragrant disrespect for the administration of justice.

“His actions extended to active defiance, including overseeing the destruction of the citizens' businesses and erecting an intimidating barrier around the court premises,” she said.

The judge said that when he appeared in court last week, the DCC response was an admission of willful defiance and an unrepentant assault on the rule of law.

“His conduct amounts to a classic case of contempt in the face of the law and a gross violation of the Constitution,” added the Judge. 

“When a public officer treats such a process with casual indifference, continuing the very illegal act forbidden by the court, it strikes at the foundation pillar of the rule of law,” she said.

In the ruling, the judge noted that the OCPD had explained his initial non-compliance, demonstrating a lack of willful disobedience.

“The show cause against the OCPD is hereby discharged, and he is absolved of any penal liability under these specific show cause proceedings,” she said.

Oundo extended the orders stopping the ongoing fencing and demolition of any structures on the land until the 22nd of October, when she will make her ruling on the DCC case.