Auctioneer Zachary Baraza, who had been sued over the demolition of a house belonging to an Asian family in Westlands, Nairobi, has been granted reprieve after the Court of Appeal temporarily stoped proceedings against him at the Environment and Land Court.
In a ruling delivered by a three-judge bench, the court ruled that Baraza and Suima auctioneers had discharged their duties... and are entitled to an order of stay.
"The second respondent is on the brink of being sentenced to two years imprisonment or to a fine of two million shillings on the basis of a process that is impugned in the intended appeal," the court ruled
The court noted that the appeal will be rendered nugatory if stay of proceedings is not granted.... we are persuaded that the intended appeal is arguable," the court noted.
Baraza, who was set to be sentenced over contempt of court was arrested over the violent eviction of Niraj Shah and Avani Shah from their Ksh.80 million house in Westlands area, Nairobi.
He was arraigned in court on November 4 and released on bail.
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