On Wednesday, August 5, 2020, in a civil proceeding appearing before Lady Justice Mary Oundo of the Nyeri High Court, a former Laikipia East MP was found guilty of deliberately and constantly disobeying court orders. Consequently, he was committed to a Civil Jail for six months.
“Mutahi is hereby committed to civil jail for a term of six months for contempt of court for deliberately disobeying orders of this court given on November 8, 2017,” ruled Lady Justice Oundo.
Mr. Anthony Mutahi, the former MP, was ordered by the judge to appear before the court on September 23, 2020, where he will be responding to charges of defying a court order. Reportedly, the MP disregarded a court order that restrained him from interfering with land owned by Mr. Stuart Richard Cunningham – a white settler. Additionally, he will be expected to show cause as to why he should not be committed to civil jail.
In arriving at the decision the court was cognizant of the fact that Mr Anthony Mutahi had started building a mansion on the land parcel LR No 10422/13 in disregard of a court order
In his deposition, Mr. Mutahi argued out that the court orders stipulated that he was supposed to occupy 18 acres of the land. Mr. Cunningham had informed the court that his land had been invaded by an armed gang.
It was a reprieve for Mr. Stuart Cunningham who had filed an application under a certificate of urgency at the Environment and Lands Court in Nyeri. The applicant was seeking orders from the court which would have the ex-legislator committed to civil jail in connection to disobeying a court injunction that restrained him from developing any property in the land.
Previous Court Orders
In 2016, Justice Joseph Onguto of the Milimani Law Courts had issued an order whereby Mr. Mutahi was warned against interfering with the said parcel of land until an ownership dispute between him and a white settler had been adjudicated.
“The first respondent (the Inspector General of Police) is hereby ordered to provide security to the petitioner, his family, employees, agents, friends, visitors, and friends from the interference of Mutahi,” Justice Onguto had ordered.
Additionally, in 2017, Lady Justice Lucy Waithaka issued orders restraining Mr. Mutahi or any of his representatives or agents from interfering with the embattled land pending the hearing and determination of the same case.
The subject land at the center of the case is located along the Nanyuki-Doldol road just adjacent the British Army Training Camp. It is reported that the land has a house, a garage, 10 stables, three staff quarters, a store, a water tank, and 15 horses.
Admittedly, Mr. Stuart does not have a title deed for the land that he has occupied for the last 25 years whereas he alleges that Mr. Mutahi illegally acquired a title deed of the said land from the Registrar of lands.
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