Malaba Court To Visit Scene Before Ruling Whether Okiradu, 74, Will Be Buried In The Contested 14 Acre Land

A Malaba court will on Monday, April 15th, 2024 visit Kaukotoit village in Malaba North Ward, Teso North Sub County the scene of the contested land to establish whether Mzee Stephen Okiradu, 74, remains will be laid to rest at his father’s ancestral land which was sold in 2014.

The trial judge who gave the direction after the conclusion of hearing sessions from both parties said the court would visit the land starting at 8.30 am, adding that the Malaba Officer Commanding Station would provide security to the visiting team.

He gave both the defendant and Plaintiffs lawyers until this Friday to avail their submissions and the plaintiff’s lawyer to avail in person on Monday for the visit to the land scene.

The PM sought clarification from the defendant’s lawyer on the land tenure system in Uganda after it emerged that the deceased Mr Okiradu at one time lived in the neighbouring country.

Mr Ochiel noted in his response that the Uganda government doesn’t get titles to Kenyans who opt to live there.

The body of Mzee Okiradu still lies at Frapa Funeral Home in Kocholia for the last 34 days until the anticipated ruling of the case by Principal Magistrate Charo Momanyi.

Two witnesses, David Oteba and Isaac Omeri were the first to enter the dock where they represented for buyer of the contested land, Mr James Olubayi, at Kaukotoit village in Malaba North Ward.

The plaintiff’s lawyer, Ayah Olubayi, kicked off the hearing session by talking through the two brothers whose father the late Allan Odeke sold the land to Mr Olubayi.

The defendant’s lawyer, Okeyo Ochiel, objected to Mr Oteba’s inclusion of the purchase agreement of the deceased Elijah Oteba Alfayo in his affidavit, forcing trial judge Ocharo Momanyi to expunge it from the records.

Elijah’s two sons contradicted each other while being cross-examined by Mr Ochiel, with Oteba consenting that the late Okiradu was allocated land by his brothers by the land tribunal after an appeal while Omeri denied.

The two plaintiffs and the defendant told the court their father duly sold the land to Mr Olubayi and vowed to resist attempts to have the deceased buried on the land.

Mr Olubayi, through virtual cross-examination, admitted not searching for the land. However, he was categorical having duly bought the 14-acre land on 8th October 2014 at Ksh8.9 million, noting that he will not allow Mzee Okiradu to be buried in the land he owns despite not obtaining the title.

The Amagoro-based court was packed to capacity with elders led by clan chairman Mzee Aggrey Ekiring and Secretary Fredrick Ekiring.

Addressing the press outside the court, Mzee Ekiring appealed to the government to intervene and help the clan bury Mzee Okiradu in his land, revealing that he was behind the subdivision of the land to four brothers of Mzee Alfayo including Mzee Okiradu.

Fredrick Ekiring urged the government to investigate circumstances under the purchase of the land that he said lacked succession and limited grant that has seen them incur high mortuary costs that should be net by the plaintiffs.

Via Olita Reuben