Senator's father in court over land drama

Bungoma Senator Wafula Wakoli’s father, John Khisa, is embroiled in a court battle with his neighbour over ownership of a piece of land.

Dismas Wamulali Wamalwa, 73, (plaintiff) is aggrieved that Khisa (defendant) allegedly trespassed on his land and erected structures.

Wamulali, who is represented by JB Otsiula and Company Advocates, has filed a case at the Bungoma Law Courts (ELC Case No. 51 of 2023) seeking to repossess the land.

The dispute centres on a six-acre piece of land in East Bukusu location, Bungoma County, which Wamulali claims was wrongfully encroached upon.

“That on or about May 2020, the defendant (senator’s father) without any colour of right, and or without any lawful justification, entered and trespassed onto my land parcel number E.Bukusu/S.Kanduyi/8314 and erected structures thereon,” Wamulali states in court papers.

According to Wamulali, he acquired the land over 30 years ago from Pascal Wafula Sudi.

He is alleging that Mr Khisa (defendant) has encroached and fenced off at least one and a half acres of his land with a chain link and erected a temporary structure on it.

“I woke up one morning and found that an unknown person had fenced off my piece of land with a chain link. I had no clue who had done that but on inquiry, I found that it was Mr John Khisa who had encroached into my land unlawfully,” said Wamulali

According to Wamulali, he is unable to take full possession of his land due to interference by the defendant.

“That the defendant is a stranger to the suit land and his unlawful action amounts to deprivation of property. The defendants actions are a threat to my right to own property,” the court papers states in part.

It further reads: “That my claim against the defendant is for an order of eviction to remove the defendant, his family, relatives, agents servants or properties and a permanent injunction from my land,”

In a rebuttal, Khisa denied the complaints lodged against him by the defendant

Through Elizabeth Chunge and Company Advocates, Khisa said that ‘the information and allegations’ contained in the pleadings by the plaintiff are "only false accusations and defamatory literature".

“That at material times, the defendant avers that the plaintiff (Wamulali) is a stranger to him and he learned of his names when he was served with the summons and pleadings in this case while at his homestead,” stated Khisa in the court documents.

He went on: “Through the allegations, the plaintiff has made the defendant be seen as a land grabber, a thief a person of ill morals and engaged in macabre and heinous activities despite him (Khisa) being a church elder.”

Khisa avers that he has "suffered great loss and damage" after the suit was filed against him by the defendant by scandalizing and portraying him in bad light.

Legal proceedings were initiated in July this year, but Khisa advocated for arbitration outside of court.

Despite court approval, Wamulali claims that Khisa has been uncooperative in attending arbitration meetings, citing various excuses, forcing them back to the court.

“He asked to solve this dispute outside court through an arbitrator which the court agreed to but he has been evasive on attending arbitration meetings with excuses that he is out of town each time he is called upon,” Wamulali told the court.

"I have incurred substantial legal expenses exceeding half a million shillings, Wamulali told the court, adding that all he wants is justice to be dispensed.

Bungoma Principal Magistrate Tom Orlando directed that the hearing of the case continue on November 1, this year.