By INVESTIGATIVE REPORTER.

A family of three orphans in Nyatike constituency have appealed to the minister of lands Mr. James Orengo to help them recover a piece of land which was left to them by their late parents in 2005 and has now been grabbed by a private developer in Sori town.

These three unlucky orphans of Nyatike are aged between 7and 10 years. One is a class three pupil at Sori primary school.

Speaking on behalf of the three orphans, Mr John Olenge Owino , who is their uncle said the plot no. 2357 was allegedly grabbed by a business lady in the town soon after the death of both parents but attempts by the family to repossess it has met stiff opposition from the influential woman who compromise those in authority in her favor.

Armed with records from various land offices right from the divisional level to the ministry of lands headquarters in Nairobi, Mr. Owino took this journalist through the predicament that befell the family in the hands of this lady identified as Grace Atieno Owuor.

From the land records which we have in our possession ,it is clear that the father of the three orphans ,the late Johnson Onyona Owino is still the registered owner of the parcel which has not just been grabbed but is now a ground where a permanent dwelling unit for the private developer stands, almost complete.

In one of the letters dated 9th June 2009, written by a Mr. S.Kidemi for Director of Land Adjudication and Settlement addressed to both parties categorically states that the land in question was demarcated to Johnson Onyona Owino now deceased and still remains so ,since no objection or claim has ever been raised against the ownership.

And it read in part ‘’ The individuals/parties who may lay claim /dispute on the ownership may seek redress from a court of law’’. The letter from the director also advised those representing the orphans to go to court and seek for eviction orders for the individuals who have encroached into the plot.

But what is more puzzling is the fact that even after obtaining two court orders to evict the strangers on the land, they have refused to move.

The Migori district land adjudication and settlement officer Mr.C.M .Osebe who confirmed he was familiar with the land row said those working on the land have been arrested twice for court contempt but are soon released under unclear circumstances.

The senior land officer said records kept by his office clearly indicates that no transfer has ever been carried out on the said parcel. He said because nobody raised any objection or laid claim during demarcation , they only recognize the deceased as the legal owner of the plot.

When one reads the letter penned by the then area DO a Mr. R.C Kandie dated 9th February last year and addressed to his boss Migori DC Mr. Julius Mutula, over the dispute, one gets the impression that this is a clear case of government officers being fully aware of a mischief but simply refuse to act.

In his letter, the DO states,’’ This is to bring to your notice that the above parcel of land was initially registered in the name of the late Johnson Onyona who bought it from a man who is now deceased. Records in the register of lands indicate the same as per letter Mig./12/2007 from the district land adjudication and settlement officer, Migori district’’.

The DO further states in his letter to his boss that early last year , a brother to the owner Mr. John Olenge Owino found out that a stranger was trying to fence off the plot and bringing in materials to put up a permanent building.

He explained to the DC that efforts by Owino to check on the records at the local lands office in the district yielded nothing because he was denied accessibility and therefore decided to seek help from the ministry headquaters.

To satisfy his boss and clearly drive his point home ,the good old DO informed the senior administrator who also chairs the land adjudication board in the district that he, the DO wrote to the same District Lands Adjudication and Settlement officer to find out the correct position in regards to the matter.

And the Do is quick to point out to his immediate superior in his letter that the reply he obtained over the matter from the lands officer vide a letter Mig/LA/KAC/123 VOL.111/68 dated 5/2/09 ,the officer clearly contradicted his previous letter Mig./LA/KAC VOL.111/36 of 4/12/2007.

He concluded that indeed there was a foul play in the matter and enclosed copies of his communication between his office, that of the lands office and the parties involved in the tussle and asked for further direction.

But as if to confirm claims by the relatives of the orphans that the people who grabbed the said plot were using money to frustrate the genuine owners from laying their hands on it, the Migori DC under whose area the tussle began denied knowledge of the dispute.

When contacted, the DC said he could only handle the matter after seeing the documents, this even after it was clear from the letters written by the DO which confirmed active involvement from his office.

Even the area district land adjudication and settlement officer alleged that the people who are out to deny the orphans what rightly belongs to them were indeed using money to compromise those handling the matter.

‘’I have tried my best to help these people but the kind of impunity being practiced by the other party is terrible. A man I gathered bought the land from Grace is in the US and is reportedly using money through a brother who is a primary teacher to frustrate the efforts to repossess the land.’’ He said.

When the matter was brought to his attention the officer said he visited the disputed land together with the local chief and instructed the lady to up root a temporary structure he had put up but to his disbelief, the lady went a head to sell it off.

Now the developer is busy building his house in disregard to the authorities and the poor orphans of Nyatike.

The matter seemed to take a new twist when the uncle of the three orphans received a death threat and has since recorded a statement at the Karungu police station under OB No.5/24/11/2010.

‘’My life is now in danger because of this matter. I have been threatened severally with death from people who want me to drop this case. Recently I was forced to flee with my assailants in hot pursuit. I had to sleep at the home of our village elder. I ask the government to come to my rescue, I am just a poor peasant farmer trying to help these orphans find a place to live,’’ he said

ENDS.