Judge embroiled in land dispute with Taita Taveta county

The disputed land was allocated to the Mwatunge Seed farm in 1980. [iStockphoto]

A High Court Judge is embroiled in a dispute with the Taita Taveta county over the ownership of a 50-acre land set aside for Mwatunge Seed farm in Mwatate sub-county.

The Kisumu-based Judge, Lady Justice Shariff Mwanaisha, Thursday said the land belongs to her mother and the Taita Taveta county assembly had no powers to investigate its ownership.

According to records tabled in the assembly, the disputed land was allocated to the Mwatunge Seed farm in 1980.

The size of the land was reduced in 2020 to 17 acres after the Mwanaisha family was allocated part of the property.

On Thursday, Justice Mwanaisha, who hails from the area, said in an interview that the county assembly was wasting time discussing her in their attempt to assume the functions of the national government.

“It is a pity that the county assembly would waste precious time discussing me in their attempt to assume the functions of the national government. Land adjudication is not a devolved function,” she said.

The Judge said any committee of the county assembly that purports to assume that the adjudication function was acting ultra vires its mandate and unethically and corruptly drawing sitting allowances.

“Kindly contact Mwatate DCC for any clarification as the matter involving my mother is subjudice,” she said.

Mwatate Deputy County Commissioner (DCC) Margaret Mwaniki said her office was handling the land dispute as delegated by the Minister for Lands.

Mwaniki said the land was initially allocated to the Ministry of Agriculture for the seed farm project, but the dispute is between the county and the Judge’s mother.

“The problem is that the land has no title, and the MCAs should not have convened a meeting at the disputed land. I am still hearing the case, and a ruling will be made,” said the administrator.

“We are asking politicians to stop triggering emotions. We have also directed the police not to take sides on the emotive issue,” stated Mwaniki.

Last Friday, the assembly Lands Committee Chairperson Anisa Hope Mwakio claimed that the Judge stormed a meeting she chaired at the disputed farm and disrupted it.

The ODM Nominated MCA told the assembly acting Speaker, Anselim Mwadime, that Justice Mwanaisha accompanied by two men, allegedly disrupted the House sitting for no apparent reason.

“The Judge, accompanied by two people, stormed the meeting and started taking pictures. In the process, the Judge was confronted by the MCAs and the assembly’s sergeant–at–arms to explain why she was disrupting the meeting, and a confrontation ensued between the Judge and the assembly staff. The Judge later boarded her vehicle and sped off,” Mwakio claimed.

The Nominated MCA said they reported the matter to Mwatate Police Station and recorded a statement.

“We were conducting the House business when the Judge came and disrupted our session. Justice Mwanaisha has caused trauma to the locals and should pay for her actions if found culpable of the offense,” Mwakio told the House.

The Speaker said he was aware of the incident, and the House has powers to summon any public servant, including the Judge, to shed light on land matters, among other issues of county importance.

“The county assembly has powers of the High Court, and we can summon anybody, including the judge, to give evidence. The assembly Lands Committee should proceed with the land matter to its full conclusion,” directed Mwadime.

The Mgange-Mwanda MCA directed the committee to make a comprehensive report on ownership of the disputed plot within 14 days. “In line with the Constitution, we are within our constitutional mandate to determine the status of land and make recommendations,” ruled the Speaker.