Why NLC’s Swazuri risks contempt charges

NAIROBI: More than 2,000 families living on a disputed Kenyatta University land want the National Land Commission (NLC) Chairman Dr Muhammad Swazuri to face contempt of court charges.

The families through their lawyer Kabue Thumi explained that Swazuri had given them a one-month notice to vacate the land to pave way for construction of a Sh3 billion children's hospital in total disregard of a court order.

In a demand letter written to the NLC chairman, the families are demanding that Swazuri rescinds his directive to have them evicted within 14 days, failure to which they will move to court to protect their interests.

Thumi said Justice Josephine Nyamweya had restrained the university from evicting the families and digging trenches on the land until a suit they had filed is heard and determined.

The lawyer noted that Swazuri's statement was in contempt of court. "There are injunction orders in place until the substantive suits are heard and determined. Consequently, your directive amounts to contempt of court as the same runs counter to the spirit of the orders of injunction issued by the High Court," said the lawyer.

Swazuri issued the orders on January 16 when he toured the 250-acre land, which has been at the centre of a dispute pitting the university and the families, who claim to have been allocated the land by the founding President Jomo Kenyatta.

He told the residents who have put up permanent structures on the land that investigations conducted by the commission had concluded that the university is the land's rightful owner.

Kenyatta University Vice-Chancellor Prof Olive Mugenda said they have been trying to evict the people from the land for the last 13 years without success.

She said the stalemate has delayed construction of the multi-billion shillings children's hospital.