The judge orders a rehearing of a contempt of court application against a Mombasa businessman over a land boundary dispute pitting African Gas and Oil Ltd.
A matter in which Mombasa businessman Mohammed Jaffar, through his company African gas and oil Limited, sued Ahmed Kahia also a businessman over a boundary dispute case ,has been moved from Kwale Environment lands court to Mombasa.
Appearing before Mombasa Environment lands court judge,James Olola, Kahia through his lawyer Khadijah Said informed the court that he required 21 more days to file a comprehensive response to the plaintiff’s application on the contempt of court application filed by African gas and oil company Ltd.
This is after Kwale ELC judge Titus Naikuni ordered the file to be placed before, justice Olola for fresh hearing of the contempt of court application, despite his court having heard and determined the application.
Justice Naikuni had earlier vacated his orders, sentencing Kahia to a civil jail for barring employees of Africa gas and oil from accessing the disputed land to repair a broken gas pipe.
In his ruling, Naikuni stated that guilt has to be proved with strictness of proof consistent with the gravity of the charge.
“.I find the learned counsel (for the defendant) listed as Kahia tendered sufficient evidence to vacate the orders for contempt of court, and the applicant is set free from any civil jail liability, “he ruled
The court stays its orders and discharges subsequent orders for mitigation and sentencing.
In February this year, senior counsel Ahmed Nassir ,representing Kahia, had accused justice Naikuni of having committed his client to civil jail in an exparte application .
“On September 23, 2024, your court “strangely and mysteriously” issued orders in favour of African gas and oil Ltd ,”he stated
He went on to accuse the judge of being biased and allowing owners of African gas and oil to intimidate the weaker parties in the suit.
The dispute between the two parties has so far left two people nursing serious life threatnening injuries after they were allegedly battled by,General service officcers( GSU) believied to have been hired by owners of African gas and oil Limited.
Among those injured is Kahias private body guard.
No one has been arrested in connection to the assault of the duo.
It still remains unclear why Justice Naikuni ordered the file to be placed before justice. Olola, despite having heard and determined the contempt of court application against Kahia.
Justice Olola allowed the application by Kahia to file a comprehensive response within 21 days.
“In the circumstances I hereby grant,21 days,14 days to the plaintiff to reply to the defendants application,and 14 more days to allow the defendabts to serve and respond to the written submissions,” He ruled.
African gas and oil Ltd had sought to have Kahia committed to a six months jail terms however, through lawyer Ahmed Nassir, Kahia fought back the application to have him appear before Justice Naikuni for mitigation and sentencing..
Justice Olola ordered the matter to be mentioned on July 10 this year for further directions