The director of Goshen Gardens Limited David Kagwe has been ordered to present himself before a judge for sentencing over disobedience of a court order.
This follows the setting aside of a decision of a judge of the Land and Environment court clearing Kagwe and his company of contempt of court charges.
The company has been wrangling with fruit processing firm Del Monte and Goshen Gardens over the removal of Pioneer Girls school from the expansive farm.
Court of Appeal Judges Ole Kantai, Francis Tuiyott and Mwaniki Gachoka dismissed appeal by Kagwe and his company Goshen Gardens ltd.
The court found that Delmonte company application was merited and set aside part of high court ruling that ruled Kagwe and his company were not guilty of contempt of court.
“We find that the cross-appeal is merited and set aside part of the ruling that found that Goshen Gardens ltd and David Kagwe are not guilty of contempt of court and substitute it with another order that both Goshen Gardens ltd and David Kagwe are also in contempt of Court, ” ruled the three appellate court judges.
The Appellate judges ordered the file to be returned to Environment and Land Court presiding Judge Oscar Angote for directions on mitigation and sentencing of Kagwe and his company.
” In thr circumstances, we order this file be returned to the presiding Judge of the ELC for directions on mitigation and sentencing of the appellants, the 2nd -(Goshen Gardens ltd and 3rd (David Kagwe) on a date that will be set after service of summons,” ordered the judges.
The judges found that Kagwe and his company were aware of the orders obtained by Del Monte company issued on December 17, 2015 restraining Goshen Gardens ltd from trespassing, transferring, leasing, interfering or subletting to any persons.
The court also ordered removal of a signboard of “pioneer Girls school ” from the property. The court found Kagwe, his company working with cahoots with Pioneer International Schools limited deliberately ignored the court orders.
“Accordingly, it is our finding that the ELC judge erred in holding that Goshen Gardens ltd and David Kagwe were not in contempt, and it is our finding that cross-appeal is merited,” found the Appellate judges.
The dispute is over a disputed 75 acres which is part of Thika based Pineapple juice maker company which the company had allocated to a school run by Goshen Gardens ltd known as Choice Imani International School.
On the year 2013, Delmonte company had let a portion of 75 acres to run the said school and the dispute arose later after default or none payment of rent payment.
The company later learnt that of negotiations between Pioneer International schools ltd and Goshen Gardens ltd on taking over the property. The company moved to court to block the transfer, lease of it property to Pioneer International School which operates Pioneer International University(Ngara) and Pioneer Girls School located in Thika.
The orders obtained by Delmonte was ignored and the company applied for the seeking the arrest and committal of Goshen Gardens ltd director David Kagwe.