By Collins Wanzallah
A case in which an 89-year-old man, Obondo Owungo Awoko, has initiated legal proceedings against his 65-year-old nephew, Patrick Bukaki Owoko, alleging encroachment on family land, is scheduled for a ruling by Judge Boaz Olao on September 26.
Mr. Awoko claims that Patrick has unlawfully intruded upon a piece of land that belongs to him and his three sons, including Arnold Onyango Obondi, a former senior officer of the National Intelligence Service (NIS) who passed away in 2011 and is buried on the same land that is under dispute. The land in question is situated in Marachi/Elukongo, within the Butula sub-county.
According to court documents, Mr. Awoko filed the lawsuit in 2016 after realizing that the ancestral land he inherited, consisting of four acres, was being invaded by his nephew, who had also been allocated a four-acre plot. Awoko noted that Patrick has sold nearly all of his land and rarely returns from his residence in Mombasa.
During the court hearing, Awoko expressed his concerns: “Your honor, my nephew has sold almost all of his land and is now encroaching on mine and erecting structures on it. I have my sons and their families living on the four acres alongside me. He should be compelled to leave and return to his own land.”
In contrast, Patrick Owoko claimed that the land was rightfully his and expressed confusion over the legal action against him. He indicated that he did not understand why he was being brought to court. The court has issued two previous orders for Patrick to vacate the disputed land, both of which he has ignored. The last order noted his history of defying court directives, warning that continued non-compliance could lead to his arrest.
Awoko’s legal team, led by lawyer James Namatsi of Namatsi and Company Advocates, who is also the speaker for Kakamega County Assembly, applied on February 8, 2021, requesting police assistance during the eviction process. Court documents reveal that on March 1, 2022, Patrick obstructed the police from executing the eviction order. He allegedly used friends and relatives to deny them access to the land. During this incident, he reportedly caused damage to Awoko’s property valued at approximately Ksh 1,250,665 and inflicted bodily injuries on Mr. Awoko. The court document indicates that the accused prevented the OCS from evicting him, whereby, through the assistance of his friends and relatives, they denied him access to the land, and he allegedly destroyed the complainant’s properties on it.
“He also injured the plaintiff and caused him bodily injuries during the eviction process. And despite attempts, he has refused to vacate the land and has frustrated several attempts to evict him, thus necessitating this application.Read an application from Butula police through the OCS.
Patrick is represented by Nandwa & Nandwa Advocates, while Awoko’s case is being handled by Namatsi. As the ruling day approaches, the implications for both family relations and property rights remain significant.
