By Henry Owino
Siaya County, Kenya: The escalation of land disputes is deepening insecurity in most parts of Siaya County. As a matter of concern, the local authorities have raised a red flag to the residents especially those who resort to violence instead of an amicable settlement.
Many deploy guerrilla tactics strategies including; ambushes, sabotage, raids, petty warfare, hit-and-run tactics, and suppleness among other forms of fights and attacks.
These occurrences are causing lots of insecurity in the county.
Residents are advised to first try to solve their land problem by wisdom and intelligence and not by ‘nerves’, or obstinacy that makes many nervously ill. This is because land disputes have left several residents either hurt or maimed, deaths recorded, and property damaged hence from civil to criminal cases.
According to Jim Njoka, Siaya County Commissioner, most residents prefer quick fixes other than adhering to the law. The shortcuts have put many into criminal offenses leading to hefty penalties of court fines or jail terms.
Njoka advises the residents is to use an alternative dispute resolution (ADR) mechanism if appearing before Court of Law is a problem. He explains ADR involves negotiation, reconciliation, mediation, and arbitration right from the Assistant Chief in the village to the County Commissioner offices.
“I would encourage residents to utilize alternative dispute resolution mechanisms instead of hacking each other death over a piece of land. Our offices are opened starting with Assistant Chief, Chief, Assistant County Commissioner/Division Officers, Deputy County Commissioner/District Commissioner to myself the County Commissioner,” Njoka clarified.
“We have an open-door policy and people should not take law into their own hands to kill each other. On the other hand, we also appeal to our senior citizens in the society to adjudicate land to their children at the right time,” County Commissioner advised.
The County boss said the most notorious areas are; Bondo, Gem, and Alego-Usonga Constituencies where people are taking the law into their own hands. He affirmed it is very wrong and not acceptable cautioning residents to report such matters to the nearest police station or even to the nearest Assistant Chief offices.
Njoka disclosed that Siaya County authorities are aware of the insecurity emanated from land disputes and will not spare culprits. He emphasized his security personnel are ready to sort out any issues with immediate effects. However, residents who will feel unsatisfied at that level are free to make as step further to County Commissioner Office headquarters without fear.
“We are ready and willing to help any individuals of their problems without favour or discrimination. Nevertheless, those who take law into their own hands, there is no negotiations,” Njoka affirmed.
Commissioner cautioned residents that there is no any single valid reason for anyone taking law into their own hands whatsoever. The law will take its course regardless of land ownership or even if rightful owner with title deed commit offence, the law spares none.
A spot check at Bondo Law Courts, surprisingly, a number of cases are dominated by land litigations. Most lawsuits are from Yimbo East, West Yimbo and Central Sakwa Wards within Bondo Sub Counties.
For instance, Elisha Arut Omego was arraigned in Court 2 for criminal offences having threaten his cousins with death over land issue. He threatened his two cousins while working at their farm with machete and dowel rod wood.
The two had to flee for their dear lives and only made a stop at Usenge Police Station where they also recorded assault statement. Arut was accused and arrested for the criminal offense that had been filed at Bondo law court.
After several months of court hearings, Arut was fined Ksh10,000 only for first criminal offense committed. He was however cautioned that any other criminal offense in future would earn him either jail term or hefty penalties or both.
At the court entrance, notice board is filled with lists of lawsuits schedule for different days of course majority being land cases. While inside the courtroom listening to proceedings, one gets a feel of major problems which includes; land succession, grabbing, fraud, double acquisition, encroachments, issuance of title deeds, objections, administrative certificates issues, just to mention but a few.
This is not to say that there is poor jurisprudence in Siaya County law courts leading to backlog of land cases pending hearings. Not really, the truth of the matter is that there is increase of awareness among residents and families concerning land issues.
This follows after the previous government led by former President Uhuru Kenyatta declared issuance of title deeds to respective owners as no cost. The Land Registry in collaboration with local chiefs and sub-county officers began the exercise countrywide.
Kenyans are now knowledgeable on importance of title deeds. Consequently, many find themselves on the receiving end with fake documents despite having bought the land.
According to Vickylice Opil, Area Chief of North Yimbo Location, East Yimbo Ward, most cases involving land disputes are those bought based on gentlemen agreement between seller and buyer. Sellers don’t include their partners or family members to witness transaction.
Opil regretted many buyers realize actual status of land they had bought several months later when it is too late to salvage situation hence conflicts ensue. Widows and orphans bear the greatest brunt of such land grabbing from their in-laws, uncles and cousins.
“Some conflicts grow directly out of competition for land among small families and extended families but land is often not the sole cause of conflict per say. It is about demand and greed for land to sell and sort out own socio-economic issues. Opil revealed.
“Many administrators conduct opaque succession plans, file false information, missing documents in record are the main causes of land dispute in here,” any administrators conduct opaque succession plans,” the Area Chief asserted. Encroachment is usually addressed easily by land surveyors.”
Opil now appeals to residents not to sell or buy land without; historical land search, wide consultation, family members, witnesses and local authorities to append signatures.
To help minimize all these land disputes litigations at Bondo Law Courts, Principal Magistrate Paul Nandi sensitized local chiefs within Bondo on court processes and procedures. The workshop included local authorities and senior Bondo sub county administration and security officers.
The aim was to equip and acquaint the officers with knowledge in areas related to Alternative Dispute Resolution mechanism, succession, criminal cases and issuance of court summons.
