New Details On Shock Eviction From Ksh80M Westlands House

The High Court in Nairobi has ordered that the lawyer and the auctioneer who led in the eviction of Niraj Shah and his wife Avani Shah from their Ksh80 million home in Westlands, which was also demolished, to explain the circumstances behind the wrongful implementation of the order that barred them from demolishing the property.

According to reports, the auctioneer who enforced the eviction and demolitions had ignored court orders, upon being questioned by High Court judge Oscar Angote on Wednesday, November 9.

The auctioneer, Zachary Baraza, was arrested the previous day for illegally effecting the eviction before being presented before Duty Magistrate Gilbert Shikwe on a miscellaneous application.

A building hosting the High Court of Kenya. /FILE

The prosecution asked for 14 days to have him detained in custody as they complete investigations.

They also wanted investigators to access the demolished property belonging to the Shah's to assess the damage and create an inventory of items that were alleged to have been stolen from the house during the demolition exercise.

Baraza’s lawyer, Bryan Khaemba, had presented an order dated October 18, 2022, which left out details of the restraining orders that should not have been implemented as eviction orders against the Shah's.

He opposed the prosecutor's application saying that his client was not a flight risk and was not able to interfere with investigations.

The High Court judge ruled that the auctioneer and the lawyer should swear affidavits which gave an explanation of the circumstances behind the implementation of the order and aimed to find out if the order was altered, forged, or misinterpreted.

"They should swear affidavits explaining the circumstances under which they carried out the eviction and demolition of the house notwithstanding the express orders of the lower court which provided that the orders should not be interpreted to mean the eviction of the respondent," Justice Angote ruled. 

The judge affirmed that the case would be determined on Monday, November 14.

The Shah family had claimed that they had occupied the home for over 46 years, denying claims that it belonged to a private developer.

"We have tried to call all the police officers in the nearby branches, some did not come and those that came did not help us," Avani Shah stated.

Baraza and 30 people carrying crowbars and machetes descended on the property situated in Westlands, School lane at around 12:30 pm on Friday, November 4, climbing over the gate and through the neighbours' fence and entering the compound.

Once inside the compound, his men attacked the guard and hit him with a stone and crowbar, leaving him profusely bleeding and had to be rushed to the hospital.

Scene after auctioneers raid the Shah's home in Westlands on November 4, 2022. /COURTESY