The Environment and Land Court has issued an order restraining Kisii Senator Richard Onyonka from accessing 46 acres in Kitale that were allegedly acquired irregularly.
The order was issued under a certificate of urgency following an injunction application by the county government of Trans Nzoia as the petitioner.
In the application, Mr Onyonka is listed as the first respondent, Solongo Enterprise Ltd as the second respondent, with the National Land Commission as an interested party.
While issuing the order, Justice J Nyagaka directed Mr Onyonka, his employees, agents, servants, or any other person performing an activity on the land on his behalf to cease until the matter is heard and determined.
The order from the court reads: “The defendant and the interested party are hereby, stopped and restrain themselves or through their employees, servants, agents or any other person purporting to act on their instructions."
The court further directed the applicant to serve the respondents within seven days of the service.
The judge directed the respondents to file and serve their responses within seven days.
The court warned both the applicant and the respondents against violating the court order.
At the same time, the court directed that if the respondent fails to respond within the set timeline, the court will proceed and hear the matter in their absence.
“The court hereby issues a temporary injunction of the notice of motion to the parties. The orders of the injunction will be discharged, and if it will be the respondent who fails to appear, the application may be heard in their absence,” stated the order.
The application, which was filed on February 3 under a certificate of urgency, will be heard on February 16.
