Siblings fight settler in 9.5 acres grabbing case

According to the siblings, the man faked land registration documents. [File, Standard]

Four siblings are going up against a man who has allegedly grabbed their land after he was invited by their grandfather to stay with them.

The suit filed at the High Court by the family of the late Josephat Wesamba has showcased how people in need of help can turn against those who helped them by taking advantage of dead relatives to try and grab properties.

In the case, Mr Wesamba’s eldest son Charles Mukhwana is battling with Mr Joseph Wambutsi for allegedly taking their 9.5-acre ancestral land and denying them access. “These are people who are not related to us ... they have now turned against us and grabbed our portion to deny us our inheritance,” Mr Mukhwana said.

He added that his grandfather Pascal Wesamba owned the original 14.5 acres in Matungu within Kakamega County which they used to grow sugarcane for supply to Mumias Sugar Company.

He stated that his grandfather was kind-hearted and when one of his relatives called Mr Lubare Omondi approached him looking for a place to settle, he gifted him 2.4 acres and reserved the remaining portion for his children.

Mr Mukhwana told the court that before his grandfather died, he divided his land equally among his two sons after which their family got the 14.5 acres. They reserved 9.5 acres for farming and the remaining 5 acres to build their home.

He said all was well until September 2012 when his father, Mr Josephat Wesamba, died. According to Mr Mukhwana, the man faked land registration documents and disinherit them from the property.

“It was only after my father died that the family of Lubare Omondi started demanding that we share our inheritance with them. They then invaded it, built another home and leased another part to a church where they collect rent every month,” said Mukhwana.

Wambutsi said Mr Mukhwana’s grandfather gifted them the entire land before his death. But according to records from the Lands ministry, the 14.5 acres is registered under Charles Mukhwana Wesamba while Wambutsi’s title is for 2.5 acres registered under Lubare Omondi.

High Court Judge William Musyoka is scheduled to make a decision on May 27. 

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