MP sues uncle over attack in Kakamega family land row

Nominated MP Jeniffer Shamalla has told a Kakamega court how she was rescued by her bodyguard from her violent uncle.

Ms Shamalla told the court that on August 18, last year, she had gone to her rural home in Musingu, Kakamega East sub-county, for the burial of a relative. She later visited the grave of her father, Japhet Galagali Shamalla, to inspect it.

Her uncle Hosea Mosse Shamalla, however, appeared with a hoe ready to attack her.

“I was shocked when my bodyguard shouted a warning to him "don’t you dare". I had not seen him approaching me armed with a jembe and ready to attack. This forced my bodyguard to draw his gun, forcing the attacker to retreat," said the MP.

She told Kakamega Senior Resident Magistrate Erick Malesi that she was advised to leave the scene immediately for her own safety.

She told the court that the accused had encroached on her father’s land and changed ownership.

“I was squarely on an ancestral land belonging to my father, a distinguished Permanent Secretary in the reign of the second President of Kenya. However, the same land Kakamega/Mugomari/1353 is currently registered under the accused person's name having acquired it fraudulently,” said Shamalla.

Mr Mosse is accused of creating a disturbance in a manner likely to cause a breach of peace. The charge states that being armed with a hoe, he chased and yelled at the MP with an intention of harming her.

He was arrested and arraigned after the MP reported the incident at Shisasari Police Station.

Shamalla, an Advocate of the High Court, denied claims of trying to dispossess the accused of the land, saying the property belonged to her father.

“My father and grandparents were buried on that land. How the accused came to possess it  remains a mystery to date,” she said.

During cross-examination by lawyer Siro Ombaye, for the accused, the MP denied claims of settling personal scores with her uncle, saying she had no reason whatsoever do so.

“The case before court is not motivated by any grudge between me and my uncle. Additionally, I am not of the view that we can reconcile any time soon since he has never approached me seeking to settle the same,” said Shamalla.

The case was adjourned to June 12 when more witnesses will testify. The accused is out on a Sh10,000 bond.