Land Dispute: Judgement in Busia Land Encroachment Case Set for Sept 26 – Get the Latest Details Here!

By Collins Wanzallah

A judgement in a case where an 89-year-old man has sued his paternal nephew for alleged land encroachment is expected to be delivered on September 26. According to court documents, the ruling will be made by Judge Boaz Olao.

Obondo Owungo Awoko, the plaintiff, has sued his 65-year-old nephew, Patrick Bukaki Owoko, for allegedly encroaching on family land that belongs to him and his three sons. One of Awoko’s sons, former senior National Intelligence Service (NIS) officer Arnold Onyango Obondi, died in 2011 and was buried on the disputed land.

The land in question is located in Marachi/Elukongo (Marachi East location) in Butula sub-county. Awoko filed the case in 2016 after discovering that his ancestral land, which he inherited—four acres—was being invaded by Owoko. Awoko’s nephew had also inherited four acres of the same family land through his father.

Awoko claims that his nephew has sold almost all of his four acres and has now encroached on his portion of land. Awoko explained that his nephew’s two sons have been building on his land, and he, along with his family, is still living on the four acres.

“Your Honour, my nephew has sold almost all of his land and is now building on mine. I have sons and their families living with me on this land. He should be compelled to leave and return to his own land,” Awoko told Judge Olao during the hearing.

In his defence, Owoko denied the accusations and told the court that the land belonged to him, questioning why the matter was being brought to court.

Despite two court orders being issued instructing Owoko to vacate the land, he has repeatedly defied them. In the latest order, the court noted his disregard for its directives, warning that he would be arrested if he continued to disobey.

“By an application dated February 8, 2021, the plaintiff sought an order for the officer commanding Butula Police Station to provide security during the eviction of the defendant from the suit land,” read part of the order.

Court documents also show that on March 1, 2022, Owoko obstructed the Officer Commanding Station (OCS) from evicting him. With the assistance of friends and relatives, he allegedly prevented access to the land and destroyed property valued at KSh 1,250,665.

“He also injured the plaintiff during the eviction process. Despite several attempts, he has refused to vacate the land and has frustrated all eviction efforts, necessitating further legal action,” read an application from the Butula OCS.

Owoko is represented by Nandwa and Nandwa Advocates, while Awoko’s legal representation is provided by James Namatsi of Namatsi & Company Advocates, who is also the Speaker of Kakamega County.