Land case against MP Gideon Ochanda fails to proceed

Hearing of a case where Bondo MP Gideon Ochanda is accused of grabbing his neighbour's land in Usigu failed to proceed on Monday following the transfer of the magistrate handling the case.
The transfer came as Mr Tom Onyango Okech’s lawyer Cleveland Ayayo was to present his witness in the case that has dragged in court since 2015.
Senior Resident Magistrate Edwin Wasike said the matter could not proceed because of his transfer even as Mr Okech’s advocate pleaded that the case be concluded.
POWERFUL FORCES
This is the second time a magistrate handling the case has been transferred.
“I have just received the communication about my transfer, this is a normal judicial administrative issue,” said the magistrate.
But Mr Ayayo alleged interference in the matter by "powerful" forces out to deny his client justice.
“We only need ten minutes with last witness to testify before the hearing is closed,” said Mr Ayayo.
Mr Stephen Opondo Ogola who sold the nine-acre piece of land to Mr Okech in 1993 was the last witness scheduled to give his testimony.
Dr Ochanda’s lawyer Cecil Kouko did not object to the changes.
Mr Wasike had in October directed that a report of a fresh survey of the land be subjected to interrogation by both parties. In April this year, he directed Bondo Sub County Surveyor Mr Abach Owino to conduct a survey on the contested 9-acre piece of land in Usigu village and avail in court a report of the findings.
FRESH SURVEY
In 2014, the petitioner, Mr Tom Oketch sued Dr Ochanda at the Lands and Environment Court in Kisumu claiming that he had encroached into his land.
He claimed that Mr Ochanda, who is listed as the first respondent, also allegedly grabbed an access road and diverted it to his plot thus putting him in collision with the community who now use his land as a road.
He also sued the Bondo land registrar and the land surveyor for allegedly aiding issuance of a title deed to the MP on the disputed land.
In the findings filed in court in court by the surveyor, the MP allegedly dug a water reservoir and placed underground water pipes which run through the contested parcel.
The MP, in his response, filed on June 2016 by his lawyer Owiti Odhiambo at the high court in Kisumu, denied the claims advanced in the suit by his accuser.
Mr Oketch wants the court to revoke the title issued to Dr Ochanda. He also wants the court to order the MP to the cost of the suit and damages. The matter was fixed for mention on January 23, next year.



Post a Comment