The High Court in Nakuru has found the managing director of Kenya Railways (KR) in contempt for failing to pay Sh45 million in compensation.
Justice Anthony Ombwayo ruled that Philip Mainga was in contempt for failing to compensate Monica Macharia following the illegal demolition of her property in 2020.
Ombwayo ordered Mainga to appear in court to explain why he should not be jailed for disobeying a court order.
The businesswoman sued Kenya Railways Corporation on October 11, 2020, seeking Sh132 million in compensation after her business premises were demolished.
The court awarded her Sh45.5 million and instructed KR to pay her, but the corporation failed to comply.
This prompted her to seek an order summoning Mainga to explain why he had not complied with the compensation order issued in October 2023.
“This court finds that by failing to comply with the aforesaid orders of mandamus, Mainga is in contempt of court, and he is convicted accordingly,” the judge stated.
Upon conviction, the court noted that Mainga would be jailed at Nakuru GK Prison for a period deemed appropriate by the court.
Macharia was the owner of the property, which stood on one acre of land. She inherited it from her husband, Peter Macharia, who passed away on October 31, 1998.
She claimed the land was given to her as compensation by the State after her original land was compulsorily acquired to construct a public school. Macharia had owned the land located in Nakuru town along the Nakuru-Kisumu highway since 1995.
On March 2020, KR officials requested her to clarify ownership of the land.
“Mainga has a statutory obligation under Section 88 of the Kenya Railways Act to settle the decretal sum without delay. However, he failed or refused to perform his statutory duty, prompting the ex parte applicant to file an application for judicial review seeking orders of mandamus,” the judge observed.
The court noted that Mainga had been served with a copy of the judgment
Mainga is expected to appear in court on April 4 to show cause as to why he should not be jailed.
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