A court has ordered former Kisii Governor James Ongwae’s son off a parcel of land he was found to had illegally occupied.
Kisii Environment and Land Court Senior Principal Magistrate Sila Munyao, in a ruling dated September 10, 2025 declared Kevin Ongwae’s continued occupation of the land by unlawful.
He thus directed immediate vacation and restoration of the property to its rightful owners Samuel Mokaya Momanyi and Stanley Memba Mokaya.
He further ordered the demolition of a 7 storey apartment block the defendant had already set up.
The land, located in the Nyanchwa area, has been at the center of a protracted legal battle, with the complainants accusing Ongwae of forceful entry and continued illegal use of the land despite lacking proper ownership documents.
In the judgment, Magistrate Munyao described the seizure and use of the contested land by the former County boss’ son an “act of fraud “.
“The court finds that the defendant unlawfully occupied private land without legal entitlement. He is hereby ordered to vacate and demolish any property set up therein within 30 days.”
“I have no hesitation in issuing an order of eviction of the first defendant from the suit land and the same is hereby issued.
“Regarding demolition of the structure…I issue an order directing the first defendant to so demolish the structures within 30 days.
“In default, the plaintiffs are at liberty to exercise the option of either taking possession of the suit property with the structures there in or proceed to demolish the same in which they pass the costs to the first defendant,” ruled Munyao.
The court observed that the contested land was “indeed owned by the plaintfuls, and not the plan.
“He (Kevin) Ongwae knew that he was venturing into land legitimately owned by some other people. He basically trespassed and kept illegal possession of the suit land aiming to own it through fraudulent means.”
“I am persuaded that this egregious acts of trespass and forceful detainer ought to invite an award of general damages in favour of the plaintfuls and also send a message that fraud doesn’t pay,” stated part of the ruling.
Consequently, the court issued orders that the title deed on Ongwae’s possession be nullified and made otiose.
“What happened in this case is that is that all the documents that supported the genuine title of the plaintful were made to disappear at the lands registry and instead illegitimate documents were planted to purport ta transfer to the first defendant.”
“I am persuaded that the plaintiffs have proved beyond reasonable doubt that that the purported title is one for nullification and I proceed to to cancel and nullify it,” said Munyao in the ruling.
All the submissions made in court, Munyao observed, point to a pattern of fraud.
“Mr Ongwae perpetrated the fraud and engineered the manufacturing of fake documents that portrayed him as the owner of someone’s else:,s land,” ruled Munyao.
The subject of the suit is the land parcel Kisii Municipality/block 1/185 to which both the plaintiffs had title deeds staking ownership.
They had been contending that they were the ones allocated the suit land through an allotment letter dated 29th January 1981 and that they were subsequently issued with a lease and certificate of lease that was still valid.
According to Ongwae, he was the bonafide purchaser of the contested land from one Japhet Omanwa who had in turn had acquired the same parcel through a transfer by way of gift from one Simon Omanwa , who was said to be the first lesee of the land.
On the suit, property is a partly developed block apartment with Ongwae cited as the developer.
The case to determine the rightful owner has been running in court since June 5th, 2023.
Among other defendants were the National Land Commission,The Kisii Land Registrar and the Attorney General.
The plaintfuls have since hailed the ruling t as a win for the rule of law and a signal that no individual is above legal accountability, regardless of political ties.
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