Ofafa Memorial Hall land ownership dispute case to be heard on January 29

Kisumu,

Saturday January 20, 2024,

KNA by Rolex Omondi

The tussle over the ownership of the historical Ofafa Memorial Hall continues to deepen as the Environmental and Land Court in Kisumu has set the hearing on January 29.

Kisumu Environment and Lands Court Judge Samson Odhiambo Okong'o issued the order on January 18 upon reading the certificate of urgency, the application, and the supporting affidavit.

The petitioners Calvin Lukio, Lawi Raburu, Jane Akinyi and Jacob Midalo, had sued the Kisumu County Government and the City Manager, labeled as trustees of the Luo Council of Elders.

Through their lawyer Duncan Okoth they had filed a notice of motion on December 14, 2023, seeking inter alia interim orders restraining the respondents from repossession or dealing in any manner whatsoever the suit parcel Kisumu Municipality/block 5/25 on which the Ofafa Memorial Hall is situated.

In the case, the plaintiffs decried that the defendant has continued to possess and utilize the land despite being served with court orders on December 15, 2023.

"They blatantly disregarded the honorable court orders on December 19, 2023, by demolishing parts of the Ofafa Hall and flattened some structures through their servants and agents. The respondents also publicly declared the property to be under the County Government of Kisumu,'' decried the petitioners.

The demolition of structures, they further pointed out, led to the interference of third parties, eviction of tenants doing business on the suit property, and potential risks of third-party suits due to breach of tenancy agreements.

According to the petitioners, it is a mockery and a contempt of court to hold the memorial for the late Jaramogi Oginga Odinga at the disputed land slated for January 20.

One of their prayers was also to restrain the organizers from convening the event.

"The defendant's actions," they stressed, "constitutes disobedience of a valid court order whose terms were plain, obvious, unambiguous, unequivocal and have never been varied or vacated."

The new protracted legal battle over the ownership of Ofafa Hall took a new twist following the coronation of Odungi Randa as the Luo Council of Elders Chairman on December 22, 2023.

His ascension to the Ker seat has been heavily castigated by the Mzee Nyandiko Ongadi-led faction who are staking a claim over the revered position.

Courtesy; KNA