Battle for Kachok dumpsite as brothers claim ownership

The dumpsite relocation halted months ago when rehabilitation started. [Denish Ochieng/ Standard]

A case in which Kisumu County government and two residents are locked up in a legal tussle over ownership of the land hosting Kachok dumpsite will be heard on May 28.

The 6 acres land in question is situated where Kachok dumpsite that has gobbled millions of taxpayer’s money sits and has been at the center of controversies for several years.

Two Kisumu businessmen Kishar Daylji and Nilesh Dayalgi are claiming ownership of the land in a suit that has been in the courts for 10 years. The county government is also claiming ownership of the parcel.

Dayalgi brothers

Yesterday, the Land and Environment court had been expected to hear submissions from the two parties, but the case stalled. Resident Magistrate Linah Akoth, who mentioned the case, directed the parties to return to court on May 8 for the hearing.

According to court documents seen by The Standard, proceedings in the case stalled in 2014 and only restarted in 2018 with lawyers representing the brothers claiming that the file had been missing.

In the suit, Dayalgi brothers claim that they bought the parcel from the defunct Kisumu municipal council through an auction.

They had sought for orders restraining the former Kisumu Municipal Council from using the parcel as a dumping site and claimed that they had already put in place a development plan for the plot.

Prior agreement

They claimed that the municipal council was illegally using the parcel of land, even though the prior agreement was that they only allowed them to use the parcel for five months as a temporary bus park.

The suit comes at a time when the county government had started the process of developing the parcel after removing the dumpsite which had been an eyesore for several years.

In a supporting affidavit, the duo claimed that they purchased the parcel on May 5, 2019.

“The purchase was approved on September 14, 1999 by the District Officer and the town clerk who requested the parcel to use as a temporary bus park for a maximum of five months,” said the brothers.

The alleged agreement was that the municipal council would pay Sh100,000 per month after the expiry of the five months.

Unfortunately, they say, the Dayalgi brothers claims that the defendants failed to vacate and instead turned the piece of land it into a dumpsite.