This archive report was first published on 12 June 2021.
On a busy stretch of the Kisumu-Busia highway, a tin roof has stood for over three years, a poignant reminder of a family's protracted struggle to bury their loved one.
Behind this unusual landmark lies a bitter land ownership dispute that has seen a family wait more than half a decade to lay their son to rest.
On May 28, 2014, Mr. Barack Ogada, a tea picker from Tinderet, passed away. His family attempted to bury him on a parcel of land in Tieng're area, Kisumu County, but were thwarted by Mr. James Onunga, who claimed ownership of the land.
Mr. Onunga, accompanied by police officers, returned the body to the mortuary, sparking a long and arduous journey for the bereaved family.
Two years later, in 2017, the family obtained a court order and successfully buried Mr. Ogada. However, Mr. Onunga later returned with a new court order, leading to a dramatic exhumation and the destruction of the family's home.
The exhumation, witnessed by tens of police officers and youths, ended in chaos, with teargas canisters being lobbed to disperse the grieving family.
Today, the only remaining structure from the family's home is the tin roof, a haunting symbol of their ongoing struggle.
Protracted Case ¶
Mr. Onunga had sued the Ogada family, claiming ownership of the land and accusing them of disobeying court orders.
He alleged that he had purchased the land from Francis Agoo, the grandfather of the deceased, in 1986 for Sh8,000 and later became the registered owner in 1990.
However, the Ogada family disputes this claim, stating that Mr. Agoo only sold a portion of the land, not the entire parcel.
Fresh Ruling ¶
On June 9, 2021, Senior Resident Magistrate Winfred Onkunya dismissed Mr. Onunga's case, ruling that the parcel belonged to the Ogada family.
The magistrate ordered the Land Registrar, Kisumu, to cancel Mr. Onunga's title deed and register the land in the names of Francis Agoo.
The Ogada family is now calling on Mr. Onunga to compensate them for the mortuary bills and the cost of constructing the houses that were destroyed.
They are also appealing to well-wishers to help them offset the mortuary bill, which stands at Sh800,000.
