Kisumu court to hear musician Abura’s land case

By MAUREEN ODIWUOR

 A land case filed by renowned musician Achieng’ Abura will be heard by Lands and Environment Court in Kisumu.

This follows a ruling by Justice Anthony Kaniaru who ruled that the parcel number land Reference 6015/3, situated at the boundary of Kisumu and Nandi districts, be heard at the court because its jurisdiction is national and not local.

The ruling was as a result of an application of preliminary objection filed by the respondent Usonik Farm House Co-operative Society Ltd, challenging the jurisdiction of the court sitting in Kisumu to hear the case.  He wanted the case moved to Eldoret for hearing.

“The location of the land was said to be nearest to Kisumu than Eldoret. This court is a superior court of record. It is clearly at par with the High Court, and its jurisdiction is national not local,” he said.

Abura took the matter to court on February 17, under a certificate of urgency where she requested for temporary orders of injunction restraining the respondent from trespassing on, or continuing occupation of the suit parcel.

She also wants the court to grant eviction orders against the respondent after hearing of the suit. She said the defendant trespassed the property of the late Isabella Akumu and was constructing, occupying, leasing and threatening her and the workers on the property.

She said this was frustrating her effort to complete a sale transaction of 500 acres within the 1,000 acre property since she was indebted to Agricultural Finance Corporation (AFC). After receipt of a statutory notice, Abura together with the beneficiaries agreed to sell the portion to offset the debt due to AFC.