Land Cabinet Secretary Alice Wahome’s job seems to have been taken over by some ‘biased’ Surveyors in Bondo after they gave a land report with an authority over a boundary dispute citing Cabinet Secretary Eliud Owallo and a sickly elderly widow.
This comes barely over month after the team of land officials led by Felix Mwaura , a Bungoma based land Regestrar visited the place and together with his team said that they had received information from ‘ above’ to re-look at the Boundaries.
Owallo has a plot adjacent to the contested land and had initially requested that he be sold the land for him to quickly access his parcel through the said land but the widow refused the proposal because her land is ancestral.
” I can’t sale an ancestral land, that will be a big mistake, the land belongs to my children and husband’s grave must be protected,” she said .
In the report on the said land disputes, one of the surveyors said.
” With the consideration of the foregoing analysis, the existing boundaries on the ground be upheld as the true position of the boundaries between Siaya/Asembo/Memba/ 3177, 3176 and 1692,” read the report signed by Joshua Micheal Otieno a principal Surveyor From Kisumu.
According to Felix Mwaura when he visited the site, only the land Registrar has the power over the surveyors to draw boundaries.
“A land Registrar has the mandate to re-examine and determine and solve the boundary dispute issue but not the surveryor,” he said.
Sources indicates that Mwaura has excused himself from the said exercise after the matter turned out to be more complicated. In addition, he was transferred to Bungoma from Kisumu and had conducted the said activity out of his registration area.
Initial report from the officers on the ground including the land Resgistrar, the CS encroached the widow’s land.
They gave their report that is in our possesion which contradicts the above one that has been signed by the above mentioned but prepared by Joseph Wanzala, a Nyanza based Surveyor.
This matter started early this year after ICT Cabinet Secretary Eliud Oketch Owallo attempted to use Bondo land Registrar Diana Wanyama to forcefully grab a widow’s land by forcing a road through it despite having an alternative route.
Reliable sources indicated that all plans had been orchestrated and planned by Diana Wanyama, the land Registrar at Bondo land offices who is now the referee of this illegal game.
Wanyama later excused herself from the plan after alledgly learning that it intended to cause injustices to the widow.
During the time, a letter that is still in our possession, showed Wanyama being directly linked to the said illegal syndicate .
The letter shows that Owallo was the complainant in the matter and was the one who had requested Wanyama and her office to help him get a road through the widow’s land to access his business facility.
“RE: Opening of access road serving parcel NO.Siaya/Member/3176, Eliud Oketch Owallo has applied to me under section 19(I) of the land Regestration act 2012 for the opening of the access road covering his above mentioned pacel of land,” the letter read in parts.
She added by threatening the parties involved including Monica Atieno Kayongo and Joseph James Wanjawa Kayongo P/NO 1692, Bonfas Ojall Onyango P/NO.3312, Siaya County Council, Agreppines Nyamboga Osonye, Ass.Chief Memba Sub- location and Sub-county Surveyor Bondo.
She further added that the parties are urged to visit the place without fail so that she inspects the lands and give her position.
“Take Notice, if you fail to appear at the place and the time mention the evidence of the applicant and his witness will be considered and the position of the disputed boundary determine in your absence, Failure to appear may constitute an offence under section 21(I) of the lands regestration act 2012 punishable by imprisonment for a term no not exceeding two years or a fine not exceeding two hundred Thousands or both, ” read the letter in part.
Today’s incident has even complicatad the matter and the widow has vowed to explore all legal means to protect her ancestral home.
Few months ago her workers were arrested, harassed and detained without any charges preferred against them. The objective of the same was to intimidate her, the matter was reported to IPOA and the case filed in court.