The High Court has deferred the sentencing of Nairobi County Chief Officer for Environment Geoffrey Mosiria, granting him time to challenge a ruling that found him guilty of disobeying court orders in connection with a disputed construction project in Parklands.
Mosiria was scheduled to appear before a three-judge bench led by Principal Judge Oscar Angote, Justice Charles Mbogo, and Lady Justice Ann Omollo, for mitigation and possible sentencing.
Instead, his lawyers appeared on his behalf and successfully persuaded the court to first hear an application seeking to overturn the contempt finding.
Appearing for Mosiria, lawyers Danstan Omari, Cliff Ombeta, and Stanley Kinyanjui told the court that their client had not been served with the court order halting the construction works, and therefore could not be held personally liable for contempt.
“Our client was never personally served with the order stopping the construction. We have filed an urgent application seeking to set aside the contempt judgment and give him a fair chance to explain his position,” Omari submitted.
The judge also heard that the county official was unable to attend court proceedings on Tuesday since he was unwell.
The judges however accepted the explanation and postponed sentencing until the application is heard and determined.
“We direct that the application be heard before any mitigation or conviction proceedings. The parties shall appear on February 2, 2026, for inter-partes hearing,” ruled the court.
The judges further directed Mosiria’s lawyers to serve all the parties in the case with his application seeking to set aside the contempt of court conviction ahead of the next hearing date.
The contempt proceedings stem from a case filed by businessman Kamalkumar Rajinkant Sanghani, Jags Kaur, and Teddy Obiero, who accuse the county government of allowing continued construction on Parklands land in defiance of earlier court orders.
The petitioners are represented by lawyer Alfred Ndamiri, who told the court that the disputed buildings breached zoning and environmental regulations.
“The orders stopping construction were meant to protect the public interest. Allowing development to continue despite the directive amounts to disregard of the rule of law,” Ndamiri said.
